Evans Kidero obtains order barring DPP from charging him with assault

Evans Kidero         PHOTO:COURTESY

BY WILFRED AYAGA

Nairobi Governor Evans Kidero on Monday escaped imminent arrest moments after the High Court lifted temporary orders that had been issued cushioning him against criminal prosecution.

His lawyers obtained a temporary injunction blocking the DPP and the police from arresting the governor and presenting him in court on assault charges.

Kidero’s lawyers made frantic efforts to save their client after Justice Isaac Lenaola ruled that orders he had issued on 3rd January asking Kidero and Nairobi woman representative, Rachel Shebesh to reach an out of court settlement were no longer in force.

He said that since the orders he had issued had been premised on the grounds that the two parties would reach an amicable solution, they were no longer necessary as there had been no agreement between the feuding parties.

“Reconciliation is a two way process. I made the previous orders on grounds that the subjects would reconcile. They have failed to do so and there is no reason to extend the orders,” he said in his ruling.

Lawyers for both sides had told the court that out of court negotiations meant to reconcile them had not succeeded.

Shebesh’s lawyer, Cecil Miller defended his client, claiming that the two parties had reached terms of settlement, after which Kidero’s side went silent.

“We had a meeting on 9th. After proposing the terms of settlement, there was no response from the other side,” Miller said.

Immediately Justice Lenaola lifted the orders, Kidero’s lawyer Tom Ojienda made frantic efforts to save the Governor.

He appeared before Justice Weldon Korir and appealed with the judge, arguing that his petition to cushion the governor was independent of the one that had earlier been ruled on by Justice Lenaola. He said that the lifting of the arrest orders by the judge had exposed his client to possible prosecution.

He said that the DPP had indicated through the press that he had lined up charges against his client and he could be arrested at any time.

“This morning, Justice Lenaola discharged the orders which had earlier been given. The prosecution of my client is imminent. There are no orders to stop the prosecution,” Ojienda pleaded.

Justice Korir granted the orders arguing that he had done so in the interest of justice

“In the interest of justice, the police are barred for arresting the petitioner,” he said in his ruling.

Before Kidero’s lawyers obtained the temporary injunction, The DPP had through lawyer Kioko Kamula laid the grounds for a possible prosecution when he convinced Justice Lenaola to drop a clause in his earlier ruling that would have allowed the court to set the date for the governor’s presentation in court.

 

Kamula told the judge that allowing the court to set the date would amount to usurping the powers of the DPP.

Shebesh’s lawyer Cecil miller had also presented to the court an affidavit in which the woman’s representative laid the blame for the breakdown of the negotiations at Kidero’s doorstep. She accused the governor of lacking commitment and said she was ready to answer to charges of causing public disturbance that the DPP says have been lined up against her.

She told the court that although her lawyers had met those of Kidero’s, follow up meetings had failed to materialize.

“Owing to the foregoing, I am left with no choice but to urge this court to order that both Governor Kidero and I be arraigned in court on a set date to face the relevant charges in line with the orders issued by the court on 3rd January,” Shebesh’s affidavit stated.

Shebesh’s’ stand attracted a sharp reaction from Ojienda who accused her of bad faith.

The courtroom feud between Kidero and Shebesh drew more interest after the Orange Democratic Movement, through lawyer James Orengo sought to be enjoined in the case.

The Nairobi City County also applied through lawyer Evans Monari to be part of the proceedings.

Kidero’s lawyers were asked to serve Shebesh with their petition by the end of today. All parties to the suit will appear before Justice Korir on 16^th.