The DPP is opposed to application by Kidero seeking to wipe out bank statements from his trial claiming that they were not obtained legally.
Haji told High Court judge James Wakiaga that the bank statements were obtained through a court order.
But the prosecution argued that Ethics and Anti-Corruption Commission (ECCA) obtained the order allowing it to get the documents from Kibera Law Court.
Assistant DPP Joseph Riungu told the court that there is no basis for deleting documents from the court records. He added that Kidero did not make any case for issuance of the orders he is seeking.
But the controversial figure insisted that the bank statements were illegally obtained adding that his co-accused were also supplied with a different bank statements prior to the trial.
Kidero further claimed that he learnt of the bank statements when a Co-operative Bank official testified during his trial.
DPP suffered a set back when Chief Magistrate Douglas Ogoti ruled that he ought to have obtained his permission before tabling Kidero’s documents.
But Ogoti refused to wipe out the testimony of Charity Williams, a Co-op bank official, from the record, twisting the case for both the prosecution and the defence teams who filed appeals.
“This is not a matter to be taken lightly because the fairness of the process and administration of justice to all the parties depends on the integrity of the parties and of the trial court,” Dr Kidero stated in documents filed in court.
The statement contains the County operations account held at Co-operative Bank, City Hall branch from January 1, 2014 to April 19, 2016 when Kidero was the Nairobi Governor.
Dr Kidero if facing criminal charges together with former chief officers who served during his time at the City Hall.
He led his co-accused in looting Sh213 million. They are also facing charges of tax evasion with the ruling set for December 17.
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