BY SAM ALFAN.
Trade and Industrialization Chief Administrative Secretary Evans Kidero will plead afresh to fraud charges.
Milimani Anti-Corruption Magistrate Felix Kombo ruled that Kidero and his co-accused will plead to the amended charge.
This is after he dismissed objections by Dr Kidero opposing plans to charge him afresh together with Paul Mutunga Mutungi and others.
“In the end the court finds that the numerous objections against the draft amended charge herein do not hold merit save to the extent that I have found the proposed amended charge in count X to be defective,” ruled CM Kombo.
The court directed the state to finalize the draft charge sheet taking note of the finding in relation to one of the counts and present it for fresh plea accordingly.
The plea taking date will be fixed by parties.
The Magistrate said that having examined the charges against the 4th accused (Paul Mutungi) both before him and in ACC 17 of 2019, he noted first, that the charges are different, and trial of different offences in different courts though inconvenient, is not double exposure.
“As was submitted by prosecution in this regard, I also note that the amendment relating to Mutungi emanated from the directions issued on 4th December 2019, whose propriety as already observed, can only be challenged in a superior court.
The Magistrate found that the extensive alteration does not, in the instant circumstances, prejudice the accused persons in any way.
“In similar vein I do not find that the inclusion of new accused persons in count 1 is prejudicial and it is within the right of the prosecution to do so if it so considers,” noted magistrate in his ruling.
