Former Nairobi Governor Evans Kidero lost his first battle against the Ethics and Anti-Corruption Commission (EACC) in the Ksh58 million Nairobi City graft case.
On Tuesday, February 7, a three-judge bench at the Court of Appeal dismissed Kidero’s petition to stop EACC from dragging him to court over alleged embezzlement of the funds.
They ruled that the former county boss did not provide sufficient reasons that allowing the anti-graft Commission to proceed with the legal suit would be an infringement of his right to a fair trial.
“There is no suggestion that requiring him to plead a defence in the civil action would have the effect of undermining his privilege against self-incrimination or prejudice his presumption of innocence in the criminal trial or his prosecution of the petition.
“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 ruled.
EACC welcomed the ruling, noting that it gave the agency the much-needed boost amid its latest struggles in prosecuting high-profile cases.
“The ruling creates a good precedent given the many petitions and Judicial Review Applications that EACC faces in the event of concurrent civil and criminal cases against the same parties.
“This decision will, in effect, reduce the time taken in the disposal of anti-graft cases,” the commission wrote.
The Commission sought to recover Ksh14.4 million for the governor who was charged alongside 15 others over the irregular payment to a law firm for legal services.
According to the commission, the county paid Ksh58 million for service not rendered to City Hall. EACC claimed that Kidero benefitted from the unaccounted funds.
EACC’s celebration sparked debate among Kenyans who questioned whether the judicial system only applied to a few following the recent dropping of cases by the commission.
“Why is the judiciary dishing out amnesty selectively? Is it because Kidero is on the wrong side of the political divide!” A tweep posed.
Source: kENYANS.CO.KE