Former Nairobi Governor Evans Kidero has lost a petition seeking to stop the Ethics and Anti-Corruption Commission (EACC) from filing a suit to recover Sh58m alleged to be corruptly acquired.
A three Court of Appeal judge bench comprising of Justices Hannah Okwengu, Fred Ochieng and John Mativo dismissed the petition.
“In a nutshell, we find and hold that the applicant has failed to surmount the arguability test. Having so found, we find no reason to address the nugatory aspect. However, it will suffice to mention that we find nothing to suggest that if the civil suit is determined, the petition or the criminal trial will be rendered nugatory,” the judges said.
In September 2019, Evans Kidero filed a petition at the Constitutional and Human Rights Division of the High Court, challenging the constitutional validity of his said arrest, detention, prosecution and the warrants authorizing investigations into his bank accounts. He sought a raft of reliefs among them, that the criminal proceedings be quashed.
This had been preceded by the events of April 2019, where Kidero jointly with others, they were charged with conspiracy to commit an offence of corruption EACC argued that they conspired to defraud the Nairobi City County Sh58 million.
During the pendency of the both the petition and the criminal proceedings, EACC sued Kidero and others, seeking orders to recover the sum of Sh58 million.