Kidero loses the battle against EACC in KES 58 Million graft case

A court of appeal has ruled against former Nairobi Governor, Evans Kidero, in his legal battle with the Ethics and Anti-Corruption Commission (EACC).

The three-judge bench dismissed Kidero’s petition to stop the anti-graft body from dragging him to court over allegations of embezzlement in a KES 58 million Nairobi City graft case.

The court ruled that Kidero failed to provide sufficient evidence to support his claim that proceeding with the legal suit would be an infringement of his right to a fair trial.

“We find and hold that the applicant has not satisfied the twin principles for consideration in an application under Rule 5(2) (b) nor is it in the public interest to stay the proceedings and dismiss this application,” the court said.

EACC has welcomed the ruling, calling it a good precedent for the agency amid its recent struggles in prosecuting high-profile cases. The Commission seeks to recover KES 14.4 million from the former governor and 15 others over the irregular payment of funds to a law firm for legal services. EACC alleges that Kidero benefited from the unaccounted KES 58 million paid for services not rendered to City Hall.

The ruling sparked debate among Kenyans who raised questions about the selective application of the judicial system. A tweep posed, “Why is the judiciary dishing out amnesty selectively? Is it because Kidero is on the wrong side of the political divide?”

EACC’s celebration of the ruling, however, received support from others who believe that it will reduce the time taken in the disposal of anti-graft cases.

“This decision will, in effect, reduce the time taken in the disposal of anti-graft cases,” the Commission stated.

The former governor’s legal battle with the anti-graft commission is not yet over, and the case is expected to proceed to the court for a full hearing.

 

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