Former Nairobi Governor Evans Kidero has contested the legality of some of the bank statements the prosecution seeks to rely on to prove a Sh213 million graft case against him.
Lawyer James Orengo argues that they are not certified and cannot therefore be used as evidence before a court of law.
“The prosecution should not refer to the bank statements in their case because they have not complied with requirements set out in the Evidence Act,” lawyer Orengo for Mr Kidero told Anti-corruption Chief Magistrate Douglas Ogoti.
Prosecution counsel Joseph Riungu, however, contested the objection saying that the Director of Public prosecutions (DPP) had complied with the requirements under the Evidence Act in as far as it relates to the identification and production of computer printouts.
The dispute arose when a witness, an employee of Equity Bank stated that the bank had supplied certified copies of a Nairobi City County account, to the Ethics and Anti-Corruption Commission upon request.
Mr Kidero and eight others are accused of conspiring to commit fraud which led to the loss of Sh213,327,300 at the county government between January 16, 2014 and January 25, 2016.
In May the High Court declined to stop the case from proceeding as had been requested by Mr Kidero, who argued that the charges were not specific and that they were meant to embarrass him.
The court had also noted that he had not yet been convicted so there was no need for the appeal, and further that the issues raised could be canvassed during the trial before the anti-corruption court.
A ruling on whether the bank statements can be used will be delivered on Thursday.