Kidero challenges prosecution over Sh68m payment to law firm

Former Nairobi Governor Evans Kidero has challenged his prosecution over alleged irregular payment of Sh68 million to a law firm.

Kidero, through lawyer Nelson Havi, argued 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.

The former governor claimed the charges arose in 2011 following a suit filed in court against the council by Kyavee Holdings. 

The council then contracted Wachira Mburu and Company Advocates in the matter and commenced an internal process of paying the firm legal fees.

Render services

Kidero said the legal successor of the Nairobi City Council, the Nairobi County Government, was legally obliged to pay any outstanding liabilities of the council.

 “The liabilities, rights and obligations of the city council became liabilities, rights and obligations of the Nairobi County Government,” he said.

The embattled ex-governor said there is no contention that the firm did not render legal services to the city council and was, therefore, not entitled to charge fees for services rendered.

Kidero has said in detaining him for three days in April without charge or compelling reasons, the prosecution failed to act independently.