Blow to DPP as court rejects bid to close Kidero's Sh58 million graft case

The Milimani Anti-Corruption Court has rejected attempts by the Director of Public Prosecutions Renson Ingonga to prematurely close the Sh58 million graft case against former Nairobi Governor Evans Kidero and 15 others.

Magistrate Celesa Okore declared the DPP’s application misconceived, ill-advised, and misleading, and ordered the matter to proceed to full trial.

The magistrate faulted the move by the Office of the DPP to close the case prematurely, saying that only a handful of witnesses had testified despite a long list lined up by the prosecution.

“Although this matter has been pending for a considerable period of time, the evidentiary record before the court remains minimal. The prosecution lined up a total of 36 witnesses as per the inventory filed hearing. However, they have only called six. There is much to be covered in terms of the evidence intended to be adduced by the intended witnesses,” ruled Okore.

She said that allowing the case to proceed would not prejudice the defence, since all witness statements had already been supplied.

“At the same time, it is my considered opinion that the prosecution will not be filling any gaps and that the defence shall not be prejudiced in any way since they were served with the written statements of the remaining witnesses and shall also have a chance to interrogate their testimonies or evidence during cross-examination,” she said.

The court further invoked provisions of the law to justify reopening and continuation of the prosecution case in the interest of justice.

“This lays a basis for the need for this court to… invoke the provisions of section 150 of the CPC and further to ensure that all relevant evidence is placed before the court,” the magistrate ruled.

Okore noted that reopening a case is permissible where evidence is crucial and does not disadvantage the accused.

“In another case… the court held that reopening may be allowed where… there is new or crucial evidence and… reopening will not prejudice the accused person or amount to filling gaps in the prosecution case,” she said.

She emphasized that the strength or weakness of the prosecution’s case had not yet been determined.

“It is important to note that the weakness and or the strength of the prosecution case in the present case is yet to be determined and therefore an order to reopen the same case shall not be for purposes of repair,” she ruled.

The magistrate found that as per the EACC investigating officers submissions on March 24,2026 witnesses were available and ready to testify, making it necessary for the trial to proceed.

“Since it has been established through the submissions of the investigating officer and the EACC counsel that there are witnesses who are available and ready to appear before the court to testify, this court shall proceed to hear the prosecution’s remaining witnesses because the primary objective here is substantive justice rather than technical acquittals,” she ruled.  

“In conclusion… the application by the prosecution to prematurely close its case is misconceived, ill-advised, and misleading. It is thereby declined.”

The ruling follows dramatic exchanges between the prosecution and the Ethics and Anti-Corruption Commission (EACC) last month, who accused each other of frustrating the case.

The DPP through State counsel Duncan Ondimu had told the court that EACC was not cooperating making it difficult for the prosecution to proceed and prompting the application to close the case.

However, EACC investigating officer Evans Ronoh disputed the claim, telling the court that witnesses had been bonded and were ready to testify, although some had proved difficult to trace and two had since died.

The anti-graft agency opposed the withdrawal bid, insisting that more hearing dates had been allocated and additional witnesses were lined up.

So far, only seven witnesses out of at least 32 have testified.

Kidero’s defence team had supported the DPP’s move, indicating readiness to file submissions on a no case to answer if the prosecution closed its case.

The case revolves around the alleged fraudulent payment of Sh58 million to a law firm trading as Wachira, Mburu, Mwangi and company advocates on January 7, 2014, for services not rendered to City Hall.

Dr Kidero was charged on April 29, 2019, alongside 15 others, including former county officials namely former chief of staff George Wainaina Njogu, former Nairobi mayor John Ndirangu Kariuki and former Councillor Paul Mutunga Mutungi over conspiracy to commit an offence of corruption under the Anti-Corruption and Economic Crimes Act.