The Prosecution has asked the court to dismiss an application by former Nairobi Governor Evans Kidero and allow the graft case against him and others to proceed to full hearing as earlier set.
The prosecution argues that the application by Kidero seeking to nullify Count I of the charge sheet on grounds of duplicity, is “incompetent, misleading, bad in law and an abuse of the process of the court.”
Through State prosecutor Jenifer Kaniu, the prosecution on Wednesday submitted that the charge sheet against Kidero and his co-accused were instituted after comprehensive and exhaustive investigations by the Ethics and Anti-Corruption Commission (EACC).
“The application made is malicious and brought in bad faith having been filed after lapse of four months since the matter was last in court. Kaniu said adding that, “Kidero has not justified to this court the reasons for inordinate delay occasioned in filing this application and is an attempt to interfere with the hearing of this case.”
Kaniu argued that in the present matter, there is no case of duplicity and neither is there misjoiner of persons on the charge sheet as alleged by the former governor.
On whether the former Governor should face separate trial from the other 10 accused persons, the prosecution submitted that Kidero has not demonstrated reasons why he should face trial separately from the other ten accused persons.
“The prosecution will be prejudiced by having to call same witnesses for different trials and the facts of this case are of similar character,” the lawyer said.
In the main application, Kidero alleged that Count 1 — that of conspiracy to defraud — is defective.
Kidero also argued that the particulars captured therein constitute elements of the offence of fraud leading to the loss of public funds under Section 45 of the Anti-Corruption and Economic Crimes Act, No. 3 of 2003 as opposed to offence of conspiracy to commit an offence of corruption under Section 47 (A) of the Anti-Corruption and Economic Crimes Act, No. 3 of 2003 as captured in the statement of the offence.
The charges state that they conspired to commit fraud, which led to the loss of Sh213, 327,300 at the county government between January 16, 2014 and January 25, 2016.
Kidero is charged together with former chief officers in his administration, including County Secretary Lilian Ndegwa, Chief Finance Officer Jimmy Mutuku Kiamba and Finance and Planning minister Gregory Mwakanongo.
Others charged are Head of Accounting Stephen Ogago Osiro, Acting Chief Finance Officer Luke Mugo and Acting Head of Treasury Maurice Ochieng Okere.
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