Kidero’s co-accused in Sh213m fraud case freed on bond

Nine former senior Nairobi City County employees charged alongside former governor Evans Kidero over the loss of Sh213 million through fraudulent deals have been released on stringent bond terms.

Anti-corruption court’s Senior Principal Magistrate Lawrence Mugambi Tuesday directed each of the nine suspects to deposit a Sh3 million bond with surety.

In addition, each of the nine accused people was directed to sign a personal bond of Sh5 million and deposit their travel documents in court.

They were also required not to interfere with witnesses besides keeping off the city county offices.

“Besides the Sh3 million, each of you is required to sign a personal cognisance of Sh5 million, meaning that if [any] of you fails to turn up for trial of this case, you will pay the government that amount or have your property auctioned to recover the sum,” ruled Mr Mugambi.

NO CASH BAIL

Unlike Dr Kidero’s bail terms, the magistrate declined to include a cash bail as an alternative condition in the event one fails to raise the surety bond.

Dr Kidero and former head of finance Maurice Okere were released on cash bail of Sh2 million, a Sh3 million surety bond besides a personal bond of Sh5 million.

The former top city county chiefs are accused paying Ngurumani Enterprises and Lodwar Enterprises for services not rendered.

The accused denied a total of 34 counts of abuse of office and fraudulent acquisition of public property.

And soon after Mr Mugambi pronounced the tough bail terms for the nine on Tuesday, defence lawyer Cliff Ombeta protested at the manner in which the magistrate handled the case.

BILL OF RIGHTS

Mr Ombeta accused the magistrate of failing to observe Articles 20 and 21 of the Constitution, which decree that every citizen “should enjoy their rights without curtailment”.

He said the Bill of Rights is supposed to be enforced by all State officers.

The lawyer accused the magistrate of delaying the delivery of the bond ruling until Tuesday 2pm.

State prosecutors Solomon Njeru, Alexander Muteti and Lilian Obuol had on Monday told the magistrate to decline the bail application by the accused persons, saying they had failed to report to the EACC offices, leading to a warrant of arrest being issued against them.

But the defence team comprising Mr Ombeta and James Ochieng Oduol, stated that the accused surrendered themselves to the EACC offices and were brought to court for the judicial process.

Mr Oduol and Mr Ombeta had told the court that the accused are not a flight risk and urged that they be released on bail terms similar to those of Dr Kidero and Mr Okere.