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Petition lodged in High Court to halt Evans Kidero case

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Nairobi governor Evans Kidero’s looming prosecution is a veiled attempt at destroying his political career, a petitioner who has moved to the High Court to have the case dismissed claimed on Thursday.

In a sworn affidavit filed in court on Thursday, the petitioner, Alex Nchore Ochako, challenged the authorities on their “intentions” and accused the Director of Public Prosecutions, Keriako Tobiko, of double standards in the pursuit of justice.

Furthermore, the petitioner said, parties have been negotiating with a view of settling the issue out of court.

“There are more serious offences that have not been addressed such as money laundering, terrorism and drug trafficking among others and one wonders why this is a priority,” lawyer Evans Ondieki who is acting for Mr Ochako, said.

He said the intended prosecution was brought in “bad faith” and only meant to humiliate and politically assassinate Dr Kidero.

“It is being pursued for political reasons and not to achieve criminal prosecution objectives,” the lawyer charged while applying for a speedy hearing of the case.

“It is unfair, unjust and unreasonable to harass the governor for a misdemeanour yet there are serious crimes that have taken place especially under the respondents’ watch and have been indifferent or have ignored them altogether,” the lawyer said.

‘TIMING MALICIOUS’

The outcome of the intended prosecution would render the governor unable to discharge the duties the electorate voted him in for, the suit papers read in part. “It is a political persecution tool and not objective prosecution,” the lawyer added.

He said Dr Kidero was being fought for his tough stance against corruption, incompetence and impunity.

“The DPP has treated the governor in an inhuman and degrading manner had subjected him to humiliation… the petitioner is seeking conservatory orders restraining the DPP, Attorney General and Inspector General from arresting and prosecuting the governor,” Mr Ondieki explained. He wants the court to declare the prosecution illegal.

He said the timing in itself was malicious as it was meant to impact on the programs the governor had put in place.

The DPP on Wednesday ordered that Dr Kidero should be charged with assault and Ms Shebesh with creating disturbance over a scuffle that occured at City Hall on September 6, 2013 in which Dr Kidero is alleged to have slapped Ms Shebesh, an allegation Dr Kidero denied at the time.

The case will be heard on Friday morning.

-Nation

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