Former Nairobi Governor Evans Kidero has moved to court challenging evidence from Cooperative Bank that was issued irregularly.
The former county boss insists that EACC obtained County accounts statements illegally despite having omitted them during the first application.
Dr Kidero is facing fraud charges where Sh213 million were allegedly withdrawn irregularly from the bank accounts and wired to individual accounts.
Through lawyer Tom Ojienda, Dr Kidero now wants the court to expunge the bank records from the case, arguing that they were obtained irregularly.
Dr Kidero said his rights in Articles 31 of the Constitution on privacy and Article 50 (2) of the Constitution on disclosure of evidence were violated by EACC when it presented evidence acquired without a court order.
“The accused and his lawyers feel they were conned by EACC which produced crucial evidence from the lender on account transactions by the county yet it knew it acquired the testimony irregularly,” Prof Ojienda told chief magistrate Douglas Ogot.
Prof Ojienda said the EACC, after discovering its serious omission, returned to court on April 18, 2016 and obtained a court order to investigate the county’s’ bank account at the Co-op Bank.
“The anti-graft body caused the chief magistrate who gave the orders to believe that it was genuine in its request yet it had obtained records earlier without a court order,” Prof Ojienda said.
Dr Kidero is facing several allegations of fraud in court since his exit and sleuths have often arrested in for trial over the cases in the past 18 months.
However, he believes that the arrests targeting him are engineered by his competitors who believe that he's yet to quit city politics.