The hearing of a fraud case against former Nairobi Governor Evans Kidero has been suspended till April 3, 2019 after it failed to kick off on Monday when his legal team maintained that the charge sheet presented before the court was defective.
Kidero’s lawyer James Orengo faulted the conspiracy to commit fraud charge against him saying that particulars on the charge sheet do not disclose an offense that is discernible from the Anti-corruption Act.
“A charge sheet is foundation of a criminal trial once it’s defective there can never be a trial,” said Orengo.
The former Governor and his co-accused also claimed that the prosecution was yet to supply some crucial documents.
Prosecutor Joseph Irungu said that the issues raised by the defense could be addressed during submissions.
The court was told that the issues raised before the court are pre-trial matters, adding that the charge is a distinct offence that is clear under the law.
“Each count demonstrates what they did therefore we submit that the charge sheet is proper before this court,” said the prosecutor.
According to the prosecutor, the plea was taken and all the accused persons pleaded not guilty.
“This application could have been made earlier and not today when the matter was to kick off and having complied with pre-trial directions,” the court was told.
