Former Nairobi Governor Evans Kidero’s son Ronald Odhiambo has been set free by the court in a ruling where the magistrate pointed at the shortcomings of the Directorate of Public Prosecutions in the case.
Ronald had been accused of dealing in 40,000 litres of fuel which did not meet the Kenya Bureau of Standards specifications.
Chief Magistrate Francis Andayi acquitted Ronald on Tuesday, December 1, in a case that had been marred with adjournments which dragged for 2 years.
Andayi criticized the DDP’s office for lack of “willingness” and support in prosecuting the case.
“Witnesses, some from the energy regulatory commission, have never come to court. Police have also acted in a way to show they were not interested in the prosecution of the case.
“In the circumstances and since the court has not had any witness in the matter, I, therefore, have the case terminated under section 202 of the Criminal Procedure Code,” ordered Andayi.
During the last adjournment of the case, the police file and witnesses were not present in court. The magistrate was also forced to issue summons and later a warrant of arrest against investigating officer Vincent Langat.
“If the complainant (prosecution), having had notice of the time and place appointed for the hearing of the charge, does not appear, the court shall thereupon acquit the accused,” reads Section 202 of the Criminal Procedure Code in part.
Chief Magistrate Andayi also ordered that Ronald be refunded Ksh 100,000 he had paid as cash bail.
Odhiambo was arrested in a dramatic fashion in August 2018 and was briefly held at Central Police Station, before he was locked up at Gigiri Police Station.
Ronald spent the night behind bars just like his father who had been held at Integrity Center at the time.
On the same day, Odhiambo had been arrested, Kidero had denied corruption charges, released on bail but his lawyers failed to process the Ksh2 million bail in time.
