The hearing of a fraud case against former Nairobi Governor Evans Kidero failed to kick off on Monday after his legal team maintained that the charge sheet presented before the court is defective.
Through his lawyer James Orengo, Kidero faulted the conspiracy to commit fraud charge against him saying that particulars on the charge sheet do not disclose an offense that is discernible from the Anti-corruption Act.
He claimed that the prosecution has an ulterior motive in charging him fraud.
“A charge sheet is foundation of a criminal trial once it’s defective there can never be a trial,” said Orengo.
The former Governor and his co-accused also claimed that the prosecution was yet to supply some crucial documents
However, the Prosecution defended itself and submitted that the application is in bad faith and meant to circumvent the hearing.
Prosecutor Joseph Irungu said that the issues raised by the defense could be addressed during submissions.
The court was told that the issues raised before the court are pre-trial matters, adding that the charge is a distinct offence that is clear under the law.
“Each count demonstrates what they did therefore we submit that the charge sheet is proper before this court,” said the prosecutor.
“There’s no order before the court to show that there’s an order telling this court to halt the trial.”
According to the prosecutor, the plea was taken and all the accused persons pleaded not guilty.
“They appeared before the court numerous times and never raised the application that the charge sheet is defective.
“This application could have been made earlier and not today when the matter was to kick off and having complied with pre-trial directions,” the court was told.
In the case, Kidero has pleaded not guilty to conspiring to commit an offense of fraud and two counts of dealing with suspect property leading to loss of public funds.
He is accused alongside nine others of services not rendered on diverse dates between January 16, 2014 and January 2016.
The matter will be heard on April 3, 2019.
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