Former Nairobi County Governor Evans Kidero and five of his co-accused persons have been acquitted in the Sh 213 million graft case.
Kidero was acquitted alongside former Nairobi County officials Lilian Wanjiru Ndegwa, Jimmy Mutuku Kiamba, Geoffrey Mwakanongo, Luke Mugo and Maurice Ochieng Okere.
Senior Principal Magistrate Victor Wakumile ruled that the above persons had no case to answer as the prosecution had failed to prove the charges against them.
In their submissions, the now free accused persons had asked the court to find them with no case to answer as the prosecution had failed to establish a prima facie case against them.
Through lawyer James Orengo for Kidero and Philip Nyachoti for Kiamba, the court heard that it was unclear how the prosecution arrived at the sum of Sh 213,327,300.
The court further heard that the evidence and testimony of the prosecution’s witnesses contradicted the theory and narrative that the prosecution wanted the court to believe.
Nyachoti submitted that the prosecution had not demonstrated any benefit incurred on the part of his client.
“In the absence of such crucial evidence, the same cannot be said to constitute a benefit in the context of section 2 of the Anti-Corruption and Economic Crimes Act, No.3 of 2003. The allegation is therefore unfounded and not supported by any tangible evidence but is rather anchored on mere speculation,” Nyachoti said.
The court heard that the prosecution had not tendered any document whatsoever indicating a transfer of money into Kiamba’s account or even any money received in cash.
Nyachoti submitted that the prosecution had failed to establish the offense of conspiracy against Kiamba.
Your Honour, “we submit that from the facts set out in the case and the evidence so far on record, the prosecution did not establish whether any meetings took place and/or whether the accused persons attended any such meetings if at all.”
Further, Nyachoti added that there was no evidence on record of an express and/or implied agreement amongst the accused persons to defraud the Nairobi City County of the sum of Sh 213,327,300 as alleged in the charge.
“From the foregoing, it is clear and indeed it is our submission that 3rd accused dutifully performed his legally bestowed mandate without conferring any benefit upon himself or others.
According to Nyachoti, no audit query was raised regarding any misappropriation of funds at the Nairobi City County.
He added that the prosecution did not produce any sufficient evidence at all to support the allegations set out in the various counts against his client.
The court, on the other hand, placed the rest of the accused persons on their defense.
They include former Nairobi County Head of Treasury Stephen Osiro, the directors of Lodwar Wholesalers Limited and Ngurumani Traders Limited – John Githua and Grace Njeri
The accused persons faced charges of conspiracy to commit an offense of corruption, dealing with suspect property, fraudulent acquisition of public resources and abuse of office.
