Investments, Trade and Industry CAS Evans Kidero received a blow after a city court ordered that he be charged anew in a fraud case over irregular payment of Sh68million to a law firm.
The anti-corruption court sitting at Milimani in Nairobi dismissed opposition by Kidero to the fresh charges and he and his co-accused will now take plea to the amended charges.
The former Nairobi Governor appeared before Milimani Anti-Corruption Magistrate Felix Kombo in a graft case that was filed by the Ethics and Anti-Corruption Commission (EACC).
EACC argues payment to Wachira Mburu, Mwangi and Company advocates, made on instructions from then Nairobi City Council acting Director of Legal Affairs Joshua Aduma Owuor, was improper.
Owuor is the current Member of Parliament for Nyakach Constituency in Kisumu County.
“In the end the court finds that the numerous objections against the draft amended charge herein do not hold merit save to the extent that I have found the proposed amended charge in count X to be defective,” Kombo ruled on Tuesday.
According to papers filed in court, Owuor reportedly directed Steven Kariuki of Wachira Mburu, Mwangi Company Advocates to represent the City Council in case HCC No. 875 of 2010 (Kyavee Holdings Limited Vs City Council of Nairobi) without following due process.
The magistrate ordered the State to finish the amended draft charge sheet to incorporate the fresh findings related to one of the 15 counts and avail it for the duo to take fresh plea.
Kombo has further directed that fresh date for Kidero and his co-accused to take the fresh pleas in the stalled case be fixed by the parties involved in the fraud case.
The fraud case against Kidero and 15 others was filed by the State in 2019 but has dragged in court after the accused persons contested the 20 counts that have been amended to 15.
According to EACC, its probe had revealed that no services were rendered to Nairobi City Council and that the Sh68 million was embezzled by a number of people, including Kidero.
Kidero was charged together with Joshua Aduma Owuor, former Nairobi County Chief of Staff and Director of Cups Limited, George Wainana Njogu; former Nairobi Councillor Paul Mutunga Mutungi; former Nairobi mayor John Ndirangu Kariuki; Deputy Director Internal Audit Manasseh Karanja Kepha; and Principal County Accountant Philomena Kavinya Nzuki.
Others are accountants Charity Muringo Ndiritu, Ng’ang’a Mungai Ng’ang’a, Peterson Andrew Njiru, John Ngari Wainana (Co-Director of Cups Limited), Ekaya Alumasi, Elizabeth Wanjiru Nderitu, Alice Njeri Mundia, James Mimi Mbugua, and Hannah Muthoni Kariuki.