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EACC, DPP clash in court after State seeks to close Sh58m Kidero graft case
Former Nairobi Governor Evans Kidero during a past court appearance.
The State prosecution and anti-graft watchdog traded accusations in court Thursday after the Office of The Director Of Public Prosecutions applied to closed its Sh58 million graft case against former Nairobi Governor Evans Kidero and 15 others.
When the matter came up for futher hearing today, prosecution counsel Duncan Ondimu told presiding magistrate Celessa Okore that the Ethics and Anti-Corruption Commission (EACC) is not cooperating with his office and is thus unable to proceed, forcing the DPP to apply to close the case.
However, an officer from EACC, who idenfied himself as Evans Ronoh, countered that an investigating officer had told the court that he bonded two witnesses to testify on April 14, 2026. He further told the court that he had challenges tracing some witnesses as two have since died.
But Mr Ondimu accused the investigating officer of failing to act on his email requesting particular witnesses to testify. He then told the trial magistrate that the DPP's office is seeking to close the case.
However, the move to close was rejected by EACC which argued that there were more hearing dates and that there are more witnesses lined up to testify.
So far, 7 witnesses out of 32 who were lined up have testified.
Meanwhile, Dr Kidero's lawyer welcomed the DPP's move and told the court that since prosecution had closed the case, they were ready to submit on a "no case to answer".
The case involves Sh58 million alleged to have been paid to a law firm on January 7, 2014, despite not having rendered any services to City Hall.
Dr Kidero was charged in the case on an April 29, 2019 alongside 15 others.
"Jointly with others, they were charged with conspiracy to commit an offence of corruption contrary to section 47A (3) as read with section 48 of the Anti-Corruption and Economic Crimes Act (ACECA)," the court papers show.
Three of the accused who served as accountants at City Hall have since had the charges against them dropped.
The three were Manasseh Karanja (deputy director of Internal Audit), Peterson Njeru and Charity Ndiritu, both accountants.
Magistrate Okore is expected to give directions on March 26.
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