A Nairobi court hearing a graft case against former Nairobi Governor Evans Kidero and eight others has barred the prosecution from referring to a statement obtained from Cooperative Bank.

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In a ruling delivered on Monday, Chief Magistrate Douglas Ogoti noted that the statement was not acquired in the right manner therefore not admissible in court.

Ogoti said the statement could only have been used had it been obtained in a rightful manner. 

“It is my finding that in order to obtain an entry of the banker’s books, one must obtain permission from the court which is otherwise known as a court order,” Mr Ogoti said as quoted by Nation.

The statement had indicated that the county government wired some money to Ngurumani Traders and Lodwar Wholesalers. 

According to the prosecution, the two firms were working behind scenes with the county government. 

Earlier on, Kidero's legal team led by Senior Counsel James Orengo and Philip Nyachoti told the court not to use material the prosecution had obtained illegally in determining the fate of their client.