The office of the Director of Public Prosecutions (ODPP) has suffered a setback in the Ksh68 million graft case facing former Nairobi Governor, Evans Kidero.
Anti-Corruption Court Magistrate, Douglas Ogoti, declined a second attempt by the ODPP to institute legal proceedings against Kidero alongside Nyakach Member of Parliament, Joshua Owuor, stating that the prosecutors erred by attempting to amend the charge sheet.
The contested document was a January 16, 2020 charge sheet, which the ODPP wanted Kidero's name included. The prosecution had amended charges and dates.
Kidero was accused of irregular payment of Ksh68 million to a law firm during his tenure as Nairobi Governor, while Owuor was accused of being an accomplice in the case.
The two, through their lawyers, opposed ODPP's decision stating that the prosecution did not follow the law.
The defence lawyers asked the Magistrate to throw out the new charge sheet that was presented in court without its permission.
“There is nowhere in the court record that the prosecution sought for the court’s permission to file the amended charge sheet. This is an ongoing matter."
"The prosecution was legally bound to move formally in order to seek for the court’s permission to introduce the charge sheet dated January 16, 2020," the Magistrate ruled.
He added that neither the prosecution nor any other party was not allowed to introduce documents to the record in a live matter without following due process.
"The charge sheet dated January 16, 2020, is hereby struck out,” ruled Justice Ogoti, adding that the law was not adhered to by the ODPP in the amendment attempts.
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