By CourtNews.co.ke Staff Writer
The long-running corruption case against former Nairobi Governor Evans Kidero has ended in acquittal after a Milimani court found that the prosecution failed to establish any wrongdoing in the alleged Sh213 million graft scandal involving the Nairobi City County Government.
Senior Principal Magistrate Victor Wakumile ruled that Dr. Kidero and five of his former county officials had no case to answer, bringing an end to one of the most closely watched corruption trials in Kenya’s devolution era.
Court Acquits Kidero and Five Co-Accused
Those acquitted alongside Kidero include former Nairobi County officials:
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Lilian Wanjiru Ndegwa,
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Jimmy Mutuku Kiamba,
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Geoffrey Mwakanongo,
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Luke Mugo, and
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Maurice Ochieng Okere.
Magistrate Wakumile held that the prosecution failed to prove a prima facie case, meaning there was insufficient evidence to warrant placing the six on their defense.
“The court finds that the prosecution did not establish any link between the accused persons and the alleged financial impropriety. There is, therefore, no case to answer,” the magistrate ruled.
The court, however, directed that the remaining accused persons, among them former County Head of Treasury Stephen Osiro, and company directors John Githua and Grace Njeri of Lodwar Wholesalers Limited and Ngurumani Traders Limited respectively, will proceed to defend themselves against the remaining charges.
Prosecution’s Case Collapses for Lack of Evidence
The Ethics and Anti-Corruption Commission (EACC) and the Office of the Director of Public Prosecutions (ODPP) had accused Kidero and others of conspiring to defraud Nairobi City County of Sh213,327,300 through irregular payments and procurement breaches.
However, defense lawyers argued that the prosecution failed to demonstrate how the alleged funds were lost or how the figure of Sh213 million was computed.
Senior counsel James Orengo, representing Kidero, and advocate Philip Nyachoti, representing Kiamba, told the court that no financial trail or credible documentary evidence was produced to support the claims.
“It is unclear how the prosecution arrived at the figure of Sh213,327,300. There is no credible evidence that any funds were misappropriated,” Orengo submitted.
Defense: Case Built on Speculation, Not Facts
Advocate Nyachoti emphasized that the prosecution’s case was built on “mere conjecture and speculation.”
He told the court that no evidence existed of any cash transfer, meeting, or collusion among the accused to defraud the county government.
“In the absence of crucial evidence showing that my client benefited from any transaction, the allegations remain unfounded and unsupported by any tangible proof,” Nyachoti argued.
He added that no audit query or financial report from the Nairobi City County ever indicated that funds were misused or misappropriated during the period in question.
The defense further pointed out that the prosecution witnesses contradicted their own testimony, weakening the case further.
“The prosecution did not demonstrate whether any meetings took place, or whether the accused persons were involved in any conspiracy whatsoever,” Nyachoti said.
Charges That Fell Flat
The accused had faced multiple counts, including:
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Conspiracy to commit an offense of corruption
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Dealing with suspect property
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Fraudulent acquisition of public funds, and
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Abuse of office
But Magistrate Wakumile noted that the core ingredients of the offenses were not proved, and the burden of proof required in criminal cases — beyond reasonable doubt — was not met.
The judge’s ruling means that Dr. Kidero, once accused of grand corruption at City Hall, walks free after years of legal battles that started shortly after he left office.
Remaining Accused to Face Full Trial
While six were acquitted, the court placed three co-accused — including Stephen Osiro, and company directors John Githua and Grace Njeri — on their defense.
The court found that there was sufficient evidence linking their companies to payments that remain unexplained.
The trio will now be required to testify under oath or call witnesses in their defense when the hearing resumes.
Kidero’s Reaction: “Justice Has Finally Been Served”
Speaking through his legal team after the ruling, Evans Kidero expressed relief, saying the decision vindicated him after enduring “years of unnecessary persecution.”
“Justice has finally been served. I have always maintained my innocence, and today’s judgment affirms that truth,” Kidero said through his lawyer Orengo.
He further thanked his legal team and supporters for standing by him throughout the proceedings, noting that he will continue to serve the public “in other capacities that promote accountability and development.”
A Pattern of High-Profile Acquittals
The Kidero case adds to a growing list of high-profile graft prosecutions that have collapsed due to weak investigations, contradictory witness testimony, or insufficient evidence.
Legal analysts argue that the trend raises serious concerns about prosecutorial standards and the effectiveness of Kenya’s anti-corruption institutions.
“It’s becoming a worrying pattern. The prosecution launches major cases amid public outrage, but without thorough investigations — leading to embarrassing collapses in court,” said Dr. Mercy Nyandoro, a governance expert and legal analyst.
Background: Kidero’s Legal Troubles
Evans Kidero, who served as Nairobi’s first governor between 2013 and 2017, has faced multiple corruption-related cases, most of which have either stalled or resulted in acquittals.
His administration was accused of financial mismanagement and procurement irregularities, but he has consistently denied wrongdoing, saying all transactions during his tenure were lawful and properly audited.
The former governor has since transitioned into private business and political consultancy, though his name remains synonymous with the broader debate about corruption and accountability in devolved units.
The Road Ahead
As the acquitted officials walk free, the remaining three accused persons will continue to face trial. The case resumes later this year, with the court expected to determine whether the companies involved indeed received irregular payments from the Nairobi County Government.
For now, Kidero’s acquittal marks a significant legal victory — and another reminder of the fragility of Kenya’s anti-corruption prosecutions, where complex financial crimes often end without convictions.