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Former Nairobi County Government chief financial officer Jimmy Kiamba cleared by court

Posted on 11th Jan 2018 21:20:10 in

Former Nairobi County officials at the Milimani Courts on Thursday. They were acquitted of fraud and abuse of office charges. [George Njunge, Standard]

Former Nairobi County Chief Financial Officer Jimmy Kiamba was Thursday acquitted of Sh17.9 million fraud charges and abuse of office.

Kiamba was acquitted alongside former county secretary Lilian Ndegwa, Regina Rotich and former head of treasury, Stephen Osiro.

Milimani Anti-Corruption Court magistrate Kennedy Bidali ruled that the prosecution had failed to prove its case against them.

Bidali said the prosecution failed to bring all other suspects said to have authorised illegal payments.

The four were also cleared of abuse of office charges. They had initially been charged with defrauding City Hall of Sh17.9 million in illegal procurement deals.

The former officials had denied a total of ten counts in relation to the Sh17.9 million fraud case.

The court ruled that even if the suspects were accused of paying for goods not supplied, there was evidence that goods were supplied and services rendered. See Also: IGTRC warns against grabbing defunct local authorities’ assets

Seven counts

The suspects had been put on defence after the court ruled that prosecution had presented sufficient evidence on the seven counts of abuse of office.

At the same time, the magistrate acquitted all the accused persons, including Nancy Waithera Kiruri, of the first counts of conspiracy to commit an offense, namely fraudulent acquisition of Sh17,902,728 public funds.

The former officials had denied a total of ten counts in relation to the Sh17.9 million fraud case.

The money was said to have been withdrawn from the imprest account of the Nairobi County government held at the City Hall branch of the Co-operative Bank of Kenya.

The court ruled that the prosecution had not shown the five had a common mind to defraud the county.

They were accused of, among other charges, forging documents, abuse of office and paying for services not rendered.

But the magistrate ruled that although there was evidence of overcharging for blinds supplied and fitted in Kiamba's office, the section the four had been charged under was wrong because the goods were supplied.

He also ruled that there was evidence of selective prosecution because other persons who should have been in the dock were not charged.

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