In a significant legal setback for former Nairobi Governor Evans Kidero, the Milimani Anti-Corruption Court has formally rejected an application by the Office of the Director of Public Prosecutions (ODPP) to withdraw a long-standing KSh 58 million corruption case.
The ruling, delivered today, April 16, 2026, underscores the judiciary’s increasing scrutiny of “withdrawals” in high-profile graft matters, particularly when they involve the alleged misappropriation of public funds.
The Case Background: Irregular Payments at City Hall
The charges center on the alleged irregular payment of KSh 58 million from Nairobi City Hall accounts in January 2014. According to the prosecution’s original files:
The Allegation: The funds were reportedly paid to a law firm for services that were never rendered.
The Suspects: Kidero is charged alongside several former county officials, including former Chief Officers and accounting staff.
The Charges: Conspiracy to commit an offense of corruption, abuse of office, and fraudulent acquisition of public property.
Why the Court Said “No”
The ODPP had moved to withdraw the case under Section 87(a) of the Criminal Procedure Code, which allows the prosecutor to drop charges before a verdict. However, the presiding magistrate declined the request, citing the following reasons:
Public Interest: The court ruled that given the magnitude of the lost public funds, the case must be heard to its logical conclusion to ensure accountability.
Lack of Justification: The judge noted that the ODPP failed to provide sufficient new evidence or “cogent reasons” to justify why a case that has been in the system for years should be suddenly abandoned.
Judicial Independence: The ruling signals a pushback against the perceived trend of “clearing” high-profile individuals without a full trial.
Kidero’s Legal “Winning Streak” Hits a Wall
This decision comes as a surprise following Kidero’s recent string of legal victories. In November 2025, the former Governor was acquitted in a separate KSh 213 million corruption case after the court found that the prosecution had failed to provide sufficient evidence.
