Former Nairobi Governor Evans Kidero is a free man after the High Court in Nairobi acquitted him of the Ksh213 million corruption case.
This is after the court ruled that the prosecution failed to prove all 17 counts of corruption implicating him and nine other co-accused, with the judge citing insufficient evidence to back the charges.
Justice Victor Wakumile noted that the prosecution did not prove beyond a reasonable doubt that the accused allegedly made payments to two companies for goods and services that were never delivered.
Despite acquitting Kidero, the court maintained that the former Nairobi County Head of Accounting had a case to answer after the judge stated that the prosecution presented adequate evidence to warrant the ex-officer's response.
Kidero, who was Nairobi's first governor between 2013 and 2017, had been charged with corruption and economic crime, including conspiracy to commit an offence of corruption, abuse of office, and fraudulent acquisition of public property.
He was charged alongside other former Nairobi County officials, including the County Secretary, Chief Finance Officer, Finance and Planning Executive, acting Chief Finance Officer and acting Head of Treasury.
The aforementioned individuals were accused of allegedly conspiring to commit fraud, which led to the loss of Ksh213,327,300 at the county government between January 16, 2014, and January 25, 2016.
During the hearing, the former county head contested the legality of some of the bank statements presented in court by the prosecution.
Kidero, through his lawyers, argued that the bank statements presented by the prosecution and investigating officers should only be presented in court by bank officials to maintain the chain of evidence.
In 2024, the court cleared the Ethics and Anti-Corruption Commission (EACC) to probe the bank statements presented by the prosecution against Kidero and the co-accused.
However, Kidero appealed, challenging the court's decision to grant EACC the leeway to probe his case, stating that the investigative powers were unconstitutional and violated his fundamental rights and freedoms.
Nonetheless, the Appeal Court dismissed Kidero's argument, upholding the previous ruling and reaffirming the legitimacy of the EACC’s investigative authority.
