The Anti-Corruption Court has acquitted former Nairobi Governor Evans Kidero, ex-County Finance Chief Jimmy Kiamba, former County Secretary Lilian Ndegwa, and others in the Sh213 million corruption case for lack of evidence.
In his ruling, Magistrate Victor Wakumile found that the prosecution failed to prove 17 graft counts against Kidero and his nine co-accused over millions allegedly paid to two entities for goods and services that were never supplied.
The court freed Kidero of three corruption charges, including dealing with suspect property and conspiracy to commit fraud, involving the alleged loss of Sh213 million from City Hall during his tenure as governor.
Others acquitted alongside Kidero, Kiamba, and Ndegwa include acting Chief Finance Officer Luke Gatimu and Acting Head of Treasury Maurice Ochieng Okere.
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“In regard to counts 1 to 17, all accused persons are acquitted under section 210 of the Criminal Procedure Code (CPC),” ruled Magistrate Wakumile.
The court also acquitted former county secretary Ndegwa, Kimbaa and Mwakanongo charges of abusing their office where they improperly conferred a benefit of Sh 26.5 Million to Ngurumani
Former Chief finance officer Kiambaa, Mwakanongo and Stephen Osiro of the offence of abuse of office of Sh 20 million to Ngurumani Traders Limited
However, the magistrate placed former Nairobi County Head of Accounting Stephen Ogago Osiro, and John Githua and Grace Njeri, directors of Lodwar Wholesalers and Ngurumani Traders, on their defence after finding that the prosecution had established a prima facie case against them.
“I find that the prosecution has proved the charges in counts 18 to 31 and 32 to 33. The accused persons, including Osiro, are put on their defence,” the magistrate ruled.
The court ordered Githua, Njeri and their companies were placed on their defence in 14 charges of fraudulent acquistion of Public property.
The trio are said to have acquired over sh 83 million using their firm namely Ngurumani Traders Limited from City Hall for services not rendered on August 27, 2014.
The two director have also been put on their defence on allegations of receiving over sh 70 million through their company Lodwars Wholesalers limited between 2013 and 2016.
Kidero and his nine co-accused were charged with conspiring to commit fraud, leading to the loss of Sh213,327,300 at City Hall between January 16, 2014, and January 25, 2016.
They were accused of authorising payments to Ngurumani Traders and Lodwar Wholesalers Ltd for services not rendered.
Kidero alone had also faced a separate count of dealing with suspected proceeds of crime, allegedly receiving Sh24 million from Lodwar Wholesalers Ltd on diverse dates.
He has been acquitted of that charge as well for lack of evidence.
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The Anti-Corruption Court has acquitted former Nairobi Governor Evans Kidero, ex-County Finance Chief Jimmy Kiamba, former County Secretary Lilian Ndegwa, and others in the Sh213 million corruption case for lack of evidence.
In his ruling, Magistrate Victor Wakumile found that the prosecution failed to prove 17 graft counts against Kidero and his nine co-accused over millions allegedly paid to two entities for goods and services that were never supplied.
The court freed Kidero of three corruption charges, including dealing with suspect property and conspiracy to commit fraud, involving the alleged loss of Sh213 million from City Hall during his tenure as governor.
Others acquitted alongside Kidero, Kiamba, and Ndegwa include acting Chief Finance Officer Luke Gatimu and Acting Head of Treasury Maurice Ochieng Okere.
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“In regard to counts 1 to 17, all accused persons are acquitted under section 210 of the Criminal Procedure Code (CPC),” ruled Magistrate Wakumile.
The court also acquitted former county secretary Ndegwa, Kimbaa and Mwakanongo charges of abusing their office where they improperly conferred a benefit of Sh 26.5 Million to Ngurumani
Former Chief finance officer Kiambaa, Mwakanongo and Stephen Osiro of the offence of abuse of office of Sh 20 million to Ngurumani Traders Limited
However, the magistrate placed former Nairobi County Head of Accounting Stephen Ogago Osiro, and John Githua and Grace Njeri, directors of Lodwar Wholesalers and Ngurumani Traders, on their defence after finding that the prosecution had established a prima facie case against them.
“I find that the prosecution has proved the charges in counts 18 to 31 and 32 to 33. The accused persons, including Osiro, are put on their defence,” the magistrate ruled.
The court ordered Githua, Njeri and their companies were placed on their defence in 14 charges of fraudulent acquistion of Public property.
The trio are said to have acquired over sh 83 million using their firm namely Ngurumani Traders Limited from City Hall for services not rendered on August 27, 2014.
The two director have also been put on their defence on allegations of receiving over sh 70 million through their company Lodwars Wholesalers limited between 2013 and 2016.
Kidero and his nine co-accused were charged with conspiring to commit fraud, leading to the loss of Sh213,327,300 at City Hall between January 16, 2014, and January 25, 2016.
They were accused of authorising payments to Ngurumani Traders and Lodwar Wholesalers Ltd for services not rendered.
Kidero alone had also faced a separate count of dealing with suspected proceeds of crime, allegedly receiving Sh24 million from Lodwar Wholesalers Ltd on diverse dates.
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He has been acquitted of that charge as well for lack of evidence.
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By Nancy Gitonga