This archive report was first published on 3 July 2019.
On Wednesday, July 3, 2019, former Nairobi Governor Evans Kidero appeared in court, seeking to block evidence presented by a witness from Equity Bank in a Ksh.213 million fraud case.
According to Kidero's lawyer, James Orengo, the witness cannot produce bank statements as evidence in court because they have not been certified.
Orengo argued that, under Section 65 of the Evidence Act, a document must be identified and a description given in the manner in which it was procured for it to be considered as evidence.
The prosecution, however, objected to Orengo's argument, stating that it has fully complied with the requirements under the Evidence Act when it comes to identification and production of computer printouts.
Lawyer Joseph Riungu asked the court to dismiss the application by the defense and have the matter proceed as planned.
"The certificate is stamped, has an ID number, and is also dated. Material contained in documents is the right information supplied in the computer during the process of data entry," Riungu said.
Trail Magistrate Douglas Ogoti said he would deliver his ruling on Thursday morning.
Former Governor Kidero and his co-accused are accused of conspiring to commit fraud, leading to the loss of Ksh.213,327,300 from the Nairobi County government coffers between January 16, 2014, and January 25, 2016.
The accused persons are currently out on a cash bail.
