DPP given three days to respond in Kidero suit
Director of Public Prosecution Noordin Haji has been given three days to file his responses in a suit in which former Nairobi Governor Evans Kidero is challenging his prosecution over alleged irregular payment of Sh68 million to a law firm.
Justice John Onyiengo adjourned the hearing and granted the DPP’s request, through Victor Owiti, to be given three days to file their papers opposing the case by Kidero.
“We urge the court to give us three days to file our responses as this is a sensitive matter,” said Owiti.
Kidero, through lawyer Nelson Havi did not oppose the prosecution’s application.
Kidero argues the prosecution is biased and that the court must stop the criminal proceedings, he describes as an “abuse of the machinery of justice to cause injustice.”
The former governor also argues he was not in the Nairobi City Council when the facts that led to the charges arose.
“It is absurd, unreasonable and irrational that I would be accused of conspiring to defraud the Nairobi City County of a valid and due debt of city council of Nairobi, which arose before my time in 2011,” he said in court documents.
Kidero says the prosecution, instigated by the complainants, is not after the general public interest but for the advancement and championing of a trumped up claim and cause that is illegal.
He is accusing the DPP of reapplying selective justice and acting discriminatively.
“The petitioner has never been summoned or invited to answer to any queries in relations to the allegations levelled against him or to present any exculpatory evidence as stipulated under the ACECA rules (2013),” Kidero says in the affidavit.