Former Nairobi Governor Evans Kidero's multimillion fraud case has taken a new turn after the high Court referred him back to the trial magistrate court.
Justice James Wakiaga referred the former governor back to Senior Magistrate Douglas Ogoti for a determination as to whether he along with his co-accused should plead to the charges against them a fresh.
The two had applied to the court to have their case heard separately from another involving Nyakach Member of Parliament Joshua Aduma.
Justice Wakiaga ruled that Justice Ogoti had failed to give a reason for denying Kidero's application to have the two cases consolidated.
“A judicial officer is under a general duty to provide reasons for his or her decision, to allow all the parties to see the extent to which their arguments had been understood and accepted or rejected by the court,” Justice Wakiaga stated.
He ruled that though the trial magistrate court had the mandate to dismiss the petition, Kidero and his co-accused had the right to satisfactory reasons as to why they were denied. He stated that the dismissal must be based on justifiable grounds.
“I take the view that under the principles of natural justice and the right to a fair trial the court was under duty to answer the issues raised and identified by the applicants, on the objection to the charge sheet that was presented to the court by the respondent,” Justice Wakiaga stated.
He, however, denied Kidero's appeal to have the charge sheet thwarted, stating that only the trial magistrate court could determine the accuracy of the charge sheet.
The former Nairobi governor along with 15 other accused persons resorted to the high court after Justice Ogoti ruled that they plead to the charges afresh. Justice Wakiaga denied their petition.
Kidero argued that the consolidation of the cases was irregular after a prior bid for consolidation had been rejected.
Aduma had been separately charged with authorising the payment of Ksh10 million to a law firm while he served as a legal director at the defunct Nairobi City Council.
The office of the Director of Public prosecution pushed for the consolidation of the two cases arguing that they both originated from similar transactions and that the evidence and witnesses to be relied on were the same.
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