Kidero cries foul over Ksh.68M graft charge, wants case stopped
Former Nairobi Governor Evans kidero has moved to court to challenge the charges pressed against him over the irregular payment of Ksh.68 million to a law firm.
Kidero argues that the prosecution is biased and that the court must stop the criminal proceedings, which he describes as an “abuse of the machinery of justice to cause injustice.”
“The petitioner has never been summoned or invited to answer to any queries in relations to the allegations levelled against him or to present any exculpatory evidence as stipulated under the ACECA rules (2013).
In a certificate of urgency filed on Tuesday at the Milimani Law Courts, Kidero says that the prosecution, instigated by the complainants, is not after the general public interest but for the advancement and championing of a trumped up claim and cause that is illegal.
He is accusing the Director of Public Prosecution of reapplying selective justice and acting discriminatively.
He argues that it is absurd, unreasonable and irrational that he would be accused of defrauding the Nairobi City County of a valid and due debt of the City Council of Nairobi which arose before his time in 2011.
“There’s no contention that the amount of Ksh.58 million alleged to have been defrauded from Nairobi City County was part of the outstanding legal fees due and owing to Wachira Mburu & Company Advocates for legal services rendered,” argues Kidero.
He further submits that the legal successor of the City Council of Nairobi, the Nairobi County Government, was legally obliged to meet, fulfill or pay any outstanding liabilities of the City Council of Nairobi.
Kidero now wants the court to stay the ongoing proceedings at the lower court, adding that the prosecution are threatening and violating his fundamental rights.
He also wants the court to declare that his arrest and detention between April 26 and April 30, 2019 was an abuse of power, legal process and discretion.
“In detaining the petitioner for three days without charge or compelling reasons the prosecution failed to act independently and were being directed by other or outside forces or power,” reads court documents.