Kidero wants court to dismiss witness evidence in Ksh.213M fraud case


Kidero wants court to dismiss witness evidence in Ksh.213M fraud case
File image of Former Nairobi Governor Evans Kidero. PHOTO| COURTESY

In Summary

  • Kidero, together with his co-accused persons - who include former Nairobi Finance Officer Jimmy Kiambaa –argued that the witness cannot produce bank statements as evidence in court on grounds that the same have not been certified.
  • According to Kidero’s lawyer, James Orengo, for evidence under Section 65 to be considered the document must be identified and a description given in the manner in which it was procured.

Former Nairobi Governor Evans Kidero on Wednesday asked the court not to admit evidence by a witness from Equity Bank.

Kidero, together with his co-accused persons – who include former Nairobi Finance Officer Jimmy Kiambaa –argued that the witness cannot produce bank statements as evidence in court on grounds that the same have not been certified.

According to Kidero’s lawyer, James Orengo, for evidence under Section 65 to be considered the document must be identified and a description given in the manner in which it was procured.

The prosecution, in its response, objected to Orengo’s argument saying it has fully complied with the requirements under the Evidence Act when it comes to identification and production of computer print outs.

Lawyer Joseph Riungu thereby asked the court to dismiss the application by defense and have the matter go on as planned.

“The certificate is stamped, has an ID number and is also dated. Material contained in documents is the right information supplied in computer during process of data entry,” he said.

Trail Magistrate Douglas Ogoti said he will deliver his ruling on Thursday morning.

In the case, Kidero and the others are accused of conspiring to commit fraud, leading to the loss of Ksh.213,327,300 from the Nairobi County government coffers between January 16, 2014 and January 25, 2016.

The accused persons are all out on a cash bail.

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Story By Dzuya Walter
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