Prof Tom Ojienda for Nairobi Governor Evans Kidero with lawyer Ann Nderu for businessman Jacob Juma at Milimani law courts before Justice Isaac Lenaola during the hearing of a suit in which the businessman have Sued Kidero over allegedly stealing ksh 650 Million when he was Mumias sugar company managing director.
BY THOMAS KARIUKI
Nairobi Governor Dr. Evans Kidero has dismissed demands to refund Sh923 million to fallen cane giant Mumias Sugar Company.
While responding to a suit filed by a businessman, Dr Kidero said that Jacob Juma is not acting on his own but on behalf of his political distractors keen to soil his name.
Dr Kidero was the Managing Director of Mumias Sugar Company between 2002 and2013.
Juma has asked the court to freeze the governor’s account to the tune of approximately Sh1 billion pending the hearing and determination of the case.
“The petitioners affidavit” Dr Kidero said “is frivolous, vexatious and an abuse of the court process as it is pegged on mere rumors and unfounded allegations of alleged theft of Sh650 million…during my tenure as the Managing Director of Mumias Sugar Company.”
Through his lawyer, Prof Tom Ojienda, the governor asserted that he never received any amounts in cash and that the Sh650 million allegedly stolen by him was fully paid into the account of Mumias Sugar Company and it is therefore laughable to demand that his account be frozen.
He also said that the payments were made on different dates through RTGS (Real Time Gross Settlement) as evidenced by the different bank receipts and invoices showing the transfers from the account belonging to YH wholesalers to the account belonging to Mumias.
Dr Kidero held that having his account frozen is solely and wholly premised on untrue, preposterous and unsubstantiated allegations.
Consequently, he said that it would be a great injustice to his person as he would have been evidently curtailed in the use of his property due to the huge amounts of money involved.
“The contentious contract for the sale of goods that was signed by Dr Kidero for the sale of 13450 metric tons of sugar was not privately signed but he signed the contract in question in his capacity as the Managing Director of Mumias Sugar Company,” Prof Ojienda said.
Dr Kidero stated that the prayers to freeze his account cannot stand as they have been made in bad faith and not to preserve any subject matter of the main petition.
Governor Kidero also asserted that Juma is being used by devious politicians to acquire political millage against him.
“The petitioner is acting as an agent of undisclosed sources by engaging in a fishing expedition…Even if the applicant demonstrated he has a locus which he hasn’t, it would be negated by his obviously politically motivated intentions,” he said.
Dr Kidero also claimed that the timing of the petition is intentional, “There is nothing but restatement of what Hon Khalwale’s defence in civil case number 238 of 2015 has said, where the senator made several untrue and unsubstantiated claims against the governor.”
He said that some of the paragraphs in Juma’s court documents were a replica of the Kakamega Senator’s replying affidavit.
“The petitioner has not demonstrated the need for the freezing of the respondents account or that this petition raises any substantial question of law,” Prof Ojienda says.
The governor also asked the court to strike out the application together with its petition saying that it is clearly demonstrated that Mr Juma is driven by political ill wills.
The case was adjourned to 28th October when Ojienda is expected to raise preliminary objection to the matter.