Former Nairobi Governor Evans Kidero is still walking a tight rope after Director of Public Prosecution (DPP) Noordin Haji appealed the decision of the court to exclude some of the crucial evidence in his Sh237 million graft case.
Haji has maintained that Kidero is guilty of corruption and abuse of office despite Anti-Corruption Court Chief Magistrate Douglas Ogoti's decision to stop his office from using the documents it had obtained from the Co-operative Bank to prosecute him.
The documents had indicated how the funds were transferred between the bank and Nairobi City County government during his reign.
The office of the DPP has said that the court failed to stick to the rule of law after it ordered his side not to use the evidence on the same.
“The magistrate made a mistake by barring the prosecution from referring to the document and expunging it from records without any justifiable cause. The order, if not revised, will have far-reaching and adverse effects on the criminal case,” said state prosecutor Joseph Riungu.
The DPP will now not be allowed to table the evidence in court as he seeks to have Kidero prosecuted over the same.
Ogoti stated that the statement was not sent to his office by the lawyers hired by Kidero to represent him in court over the matter.