Chief Administrative Secretary nominee Evans Kidero is opposed to the appointment of a new magistrate to conclude his corruption case, following Chief Magistrate Douglas Ogoti’s transfer from Nairobi to Kisumu.
Dr Kidero, who is the CAS nominee in the Ministry of Investments, Trade and Industry, has written to Chief Justice Martha Koome seeking to have the trial concluded by Mr Ogoti.
His lawyer, Tom Ojienda, said in the letter that the trial of the former Nairobi governor and 10 others over alleged corruption is in the final stages.
The trial that started in April 2019 concerns the alleged illegal payment of Sh68 million by the Nairobi County government to a law firm in 2014.
The prosecution has already called 18 witnesses. The trial was scheduled to continue with the cross-examination of the prosecution’s last witness in different court sessions ending May 4.
In his letter to the CJ, which is copied to the Office of Director of Public prosecutions, Prof Ojienda said: “It has come to our attention that the trial magistrate has now been transferred to Kisumu. Our client is reasonably apprehensive that the transfer is likely to affect and delay his fundamental right to a fair hearing and expeditious conclusion of the trial.”
Prof Ojienda wants the CJ to intervene and permit Mr Ogoti to be traveling from Kisumu to Nairobi to conduct the case instead of having the matter allocated to a new magistrate.
“Previously, when Mr Ogoti was transferred to Embu, the Office of the CJ granted him permission to conclude his outstanding matters in Nairobi,” said the lawyer.
Hence, he said, given the advanced stage of the corruption proceedings, the numerous parties and advocates involved and availability of limited judicial resources, it would be prudent to allow Mr Ogoti to continue conducting the case.
Among those charge alongside Dr Kidero were former county secretary Lilian Ndegwa, George Wainana Njogu (former Nairobi City County Chief of Staff and Director Cups Limited), Paul Mutunga Mutungi (former Nairobi City Councillor) and Aduma Joshua Owuor (former acting Director of Legal Affairs, Nairobi City Council and now MP for Nyakach Constituency).
Also in the list were John Ndirangu Kariuki (former Mayor of Nairobi City), Manasseh Karanja Kepha (Ag. Deputy Director Internal Audit), Philomena Kavinya Nzuki (Principal County Accountant), Accountants Ng’ang’a Mungai Ng’ang’a, Charity Muringo Ndiritu, Peterson Andrew Njiru, Ekaya Alumasi, James Mimi Mbugua, Elizabeth Wanjiru Nderitu and Alice Njeri Mundia.
Others were Hannah Muthoni Kariuki and John Ngari Wainana (co-director, Cups Limited).
The accused faced charges of conspiracy to commit an offence of corruption, unlawful acquisition of public property, abuse of office, dealing with suspect property and money laundering.
