Former Nairobi Governor Evans Kidero, Former Chief Finance Officer at City Hall, Mr Jimmy Kiamba and Ms Lilian Wanjiru Ndegwa at Milimani Law Court, Nairobi on September 16, 2019, during the trial in which they are facing fraud charges.
Former Nairobi governor Evans Kidero has been acquitted of graft charges involving Sh213 million allegedly stolen from Nairobi County during his tenure as county boss.
The court freed Dr Kidero, former county secretary Lilian Ndegwa, former chief finance officer Jimmy Mutuku Kiamba, former CEC in charge of finance and planning Gregory Mwakanongo, former acting chief finance officer Luke Mugo and former acting head of Treasury Maurice Ochieng Okere, saying they have no case to answer in a trial that has taken more than five years.
Former Nairobi Governor Evans Kidero.
The charges against them stated that they conspired to commit fraud, which led to the loss of Sh213 million at the City County government between January 16, 2014 and January 25, 2016.
Other charges included conspiracy to commit an offence of corruption, abuse of office, fraudulent acquisition of public property, dealing with suspect property, and unlawful failure to pay tax to a public body.
The court said the former county officials had no case to answer and freed them under section 210 of the criminal procedure code.
Dr Kidero was allegedly to have received a total of Sh24 million from Lodwar Wholesalers Ltd. The charges state that he allegedly received Sh14 million from Lodwar Wholesalers on August 24, 2014 and another Sh10 million from the same company on September 11, 2014.
The court, however, put businessman John Githua and Grace Njeri of Lodwar Wholesalers Ltd and Ngurumani Traders Ltd, respectively, on their defence.
The traders are accused of fraudulently receiving payments from the county government for no services rendered.
Also put on his defence is former accounting head Mr Stephen Ogago Osiro, who is alleged to have received millions from the two traders on various dates.
Dr Kidero faulted the prosecution’s case, saying they did not present any evidence of an express agreement between him and any other accused person, let alone all or any of the accused persons, to commit fraud.
According to the former Nairobi county government boss, an agreement between the alleged co-conspirators is the most elementary of the elements, and no attempt was made to show or state what the agreement was, when or where it was made, and by whom.
Mr Kiamba said he performed his duties legally without conferring any benefit upon himself or others.
He further stated that the prosecution witnesses approved the legitimacy of various payments, which were the subject of the case.
“It is our submission that the prosecution has not produced any evidence to show that the 3rd accused used his office to improperly confer a benefit of the monies mentioned,” he said.
