Mr Evans Kidero in court docket on Tuesday. PHOTO | DENNIS ONSONGO | NMG

Former Nairobi governor Evans Kidero has didn’t cease concurrent prison and civil circumstances in opposition to him arising from alleged fraudulent transactions throughout his tenure at Metropolis Corridor.

Dr Kidero wished the Court docket of Enchantment to cease his trial over claims that he fraudulently acquired Sh14 million in 2014, arguing that the Ethics and Anti-Corruption Fee (EACC) has on the similar time initiated the restoration of the cash via a civil go well with.

It was his argument that there’s a actual probability of the courts getting into completely different selections over the identical material concerning his culpability. He additionally mentioned permitting the circumstances to proceed concurrently is an abuse of the court docket course of.

A bench of three judges of the appellate court docket, nonetheless, mentioned the 2 circumstances stand on completely different authorized thresholds and the processes can exist concurrently and independently of one another.

“There isn’t any hazard or prejudice of conflicting selections nor has it been demonstrated that the result of the civil go well with could have a bearing on the petition. Civil proceedings, as distinguished from constitutional Petition, are adjudicated and concluded by adopting completely different yardsticks,” Justices Hannah Okwengu, Fred Ochieng and John Mativo mentioned.

Dr Kidero first moved to the Excessive Court docket to quash the case arguing that it was introduced by EACC to embarrass him, as he was going through prison costs over the identical cash.

He additional mentioned there was nothing linking the cash to Metropolis Corridor and that the quantity was from the sale of a Toyota Lexus to an organization recognized as Cups Ltd.

Justice Esther Maina, nonetheless, dismissed the case saying he was not persuaded that the go well with was an abuse of the court docket course of.  

“I’m subsequently unable to search out that this case is an abuse of the court docket course of or it’s the public curiosity to remain or strike it out,” the Decide mentioned. 

EACC filed the case searching for to get better Sh68 million allegedly stolen via a scheme orchestrated to defraud the county authorities for cost of charges in a case filed by a ghost firm in opposition to Metropolis Corridor. 

Additionally named within the case are former MP John Ndirangu, who has already been barred from promoting or transferring a parcel of land in Thika city, which the anti-graft physique says he acquired utilizing proceeds of crime.

Others are former councilor Paul Mutunga Mutungi, former Dr Kidero’s chief of employees George Wainaina, John Ngari Wainaina, and MP Joshua Aduma, who was an performing authorized secretary at metropolis corridor.

Dr Kidero had argued that there was nothing linking him to the cash allegedly paid to a legislation agency earlier than it was shared amongst former senior officers at Metropolis Corridor. 

→ [email protected]