Civil Society activist Okoiti Omtatah has revived a 2012 land case in which a group of 100 farmers in Siaya County are accusing Nairobi Governor Dr Evans Kidero of defrauding them over Ksh. 119 million. Kidero is jointly accused with 10 others.
The case had been filed by a joint petition which included then activist Neto Oyugi (current Ndhiwa MP), Okoiti Omtatah and 29 others over a plot of land belonging to hundreds of Â farmers in Siaya County.
Documents of the case seen by Kenya Today showÂ Dr Kidero had unsuccessfully tried to expunge his name from the case claiming he acted then as the Managing Director and CEO of Mumias Sugar Company. Both Justices Aggrey Muchelule and Justus Gikonyo declined to his application, arguing that the petitioners had proven beyond doubt that Kidero had a case to answer.
Kidero then moved to the Appeals Court where Lady Justice Anne Omollo stayed the case’s proceedings pending the hearing of issues raised in Kidero’s appeal.
From 2012 to date, the Appeal has not been heard. It is this ‘justice delayed is justice denied‘ scenario which prompted Okoiti to write last week to the Chief Justice Dr. Willy Mutunga demanding that the case should be revived and Dr Kidero criminally held accountable.
Okoiti argues Lady Justice Anne Omollo gravely prejudiced the over 30 petitioners when she ‘irregularly stayed the proceedings’ in Kidero’s appeal. With the case halted, Okoiti argues both the anti-corruption commission and the DPP cannot commence investigations on Kidero for the ‘perjury, fraud and forgeries’ he committed.
At some point during the case, it was revealed that the acquisition of the said parcel of land had transpired after Kidero’s lawyers (Wetangula Adan & Makhokha Co Advocates) had forged signatures of another law firm which supported the irregular transaction.
“It is unacceptable that a petition filed to protect the constitutional rights and fundamental freedoms of so many poor and vulnerable people, and to defend the constitution, should languish in courts for so long, just to accommodate the whims of a criminal who desires to be untouchable by the law,” reads Okoiti’s letter to the Chief Justice.
This case is among several alleged other cases pending in Kenyan courts in which the Nairobi governor is being accused of abuse of office, corruption among other offenses.
Meanwhile, impeccable sources in City Hall has revealed to Kenya Today that Dr Kidero is set to appoint the husbadn of Deputy DPP Dorcas Owuor ahead of the Bungoma case. This arrangement, according to inside sources, is to ‘assist’ in case the DPP moves to charge Dr. Kidero with fraud as the CJ is likely to open up the case.
Omtatah’s petition comes at a time Nairobi Senator Mike Sonko has also charged that Kidero cannot account for over sh.9 billion raised in the Auditor General’s report. Yesterday while appearing on KTN, Sonko openly called Kidero a ‘thief’ and warned him of dire consequences if he fails to explain the whereabouts of the funds given to the county by the national government.