UPDATE Monday, July 13, 2020: A Nairobi Court temporarily halted the Ksh58 million fraud case against former Governor Evans Kidero.
Alongside his co-accused who include George Wainaina, John Kariuki, Paul Mutungi, Manasseh Kepha, Philomena Nzuki and ten others, Kidero was to plead afresh to charges on offences allegedly committed in 2014.
Kidero had moved to the High Court to challenge fresh charges against him as defective. He was accused of conspiring to defraud Nairobi City County of Ksh58 million.
A court ruling has put the spotlight back on former Nairobi Governor Evans Kidero.
High Court Justice Mumbi Ngugi on Thursday, June 4 allowed EACC to search his homes and offices and added that the 2018 raid was legal.
The anti-corruption commission is investigating the former governor for unexplained Ksh9 billion wealth, which his wife Susan Mboya had sought to block in court.Justice Mumbi Ngugi during a court sitting.Daily Nation
“In my view, there was no violation of the second petitioner’s (Susan) rights in the search mounted on the residential premises in which she and 1st petitioner (Kidero) reside,” Justice Ngugi ruled.
The new ruling is a double tragedy for Kidero since the EACC on May 8 won a case where the supreme court ruled that while in criminal cases the prosecution bears the burden of proving wrongdoing, graft suspects will now bear the burden of proving that they obtained their assets legally.
This means corruption suspects will now lose ill-gotten wealth if they fail to show how it was acquired legally.
"Unlike in criminal matters where various agencies are involved, forfeiture of unexplained assets are purely civil proceedings and EACC can move directly to court and prosecute the matters," the landmark Supreme Cout ruling reads.
EACC accused Kidero of acquiring properties worth Ksh9 billion while he was CEO of Mumias Sugar Company and Nairobi governor.
In September 2018 detectives raided his home in Nairobi but the former governor went to court to challenge the search warrant.
As he witnessed the search, other detectives were combing his Westlands office and Kisumu home.
His Muthaiga house is believed to be worth Ksh300 million, while the one in Kisumu is worth Ksh200 million.
Other properties the EACC says belong to the former politician include the Ksh1 billion Muthaiga Heights and two others along Ngong Road’s Rose Avenue and State House Crescent worth Ksh1.7 billion.
Other than the land and buildings Kidero owns locally, EACC said documents found at his Westlands office showed that the former Nairobi governor may have assets in Georgia, United States.Former Nairobi Governor Evans Kidero speaking during a press conference in 2017.Daily Nation
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