Why Court Rejected Kidero's Multi-Million Trial Delay Plea

  • The Milimani Law Courts in Nairobi as pictured on November 18, 2019
    The Milimani Law Courts in Nairobi as pictured on November 18, 2019
    Simon Kiragu
  • Chief Magistrate Douglas Ogoti has declined a request to postpone the Ksh213 million trial of former Nairobi governor Evans Kidero and his co-accused. They had cited health concerns and fear of being infected with Covid-19.
    In his rejection ruling on August 18, Ogoti asserted that the trial will be conducted in compliance with health safety protocols issued by the Ministry of Health (MoH).
    In addition to that, most of the accused persons admitted that they are already vaccinated against Covid-19. This final discovery rendered their plea invalid.

    Former Nairobi Governor Evans Kidero. Insert: a view of Gem Apartments in Nairobi.
    Former Nairobi Governor Evans Kidero. Insert a view of Gem Apartments in Nairobi.

    “The application to adjourn the matter is therefore declined,” ruled Justice Ogoti.
    He went further to announce that a courtroom that can host up to 38 people was in place. Moreover, he stated those who might not attend the hearing could follow the proceedings online. 
    In the brief ruling on August 18, Ogoti instructed that only the accused, their lawyers, and members of the Fourth Estate will be sanctioned to attend the graft case against Kidero and 10 others on Thursday,19. Advocates from both state and defence in the case are 20.
    Kidero was charged alongside former county officials in the loss of Ksh213 million, which occurred between January 2014 and January 2016. 

    The defendants are also charged with conspiracy to commit an offence of corruption, abuse of office, fraudulent acquisition of public property as well as failure to remit taxes as required by law.

    The co-accused ex-officials are former County Secretary Lilian Ndegwa, Chief Finance Officer Jimmy Mutuku Kiamba, and Finance and Planning minister Gregory Mwakanongo.

    Other implicated in the litigation is Head of Accounting Stephen Ogago Osiro, acting Chief Finance Officer Luke Gatimu, and Acting Head of Treasury Maurice Ochieng Okere.

    In May 2021, the Ethics and Anti Corruption Commission (EACC) reported Kidero to have wired Ksh14 million from City Hall’s accounts to renovate luxury apartments he owned in Riverside Drive, Nairobi.

    Inside Evans Kidero's GemSuites Luxury Apartments
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