High Court Overturns Sonko’s Acquittal in Ksh357 Million Graft Case, Orders Retrial
Former Nairobi Governor Mike Sonko has suffered a setback after the High Court reversed his acquittal in the high-profile Ksh357 million corruption case.
On Wednesday, December 11, Justice Nixon Sifuna ruled that the earlier magistrate had incorrectly based the acquittal on an amended charge sheet, affecting Sonko and 16 other individuals.
Sifuna criticized the ruling, stating, “The ruling does not hold up… In deciding if the Director of Public Prosecutions (DPP) had established a prima facie case, each charge and its evidence should be examined individually, not generalized,” he stated.
The judge further ordered that the case be retried by a different magistrate, who should deliver a fresh ruling based on the evidence already presented.
Sonko initially received a reprieve on December 21, 2022, when Magistrate Douglas Ogoti dismissed the case, citing the prosecution’s failure to provide adequate evidence.
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This prompted the DPP’s office to appeal, arguing that Magistrate Ogoti had relied on an outdated charge sheet, leading to an incorrect ruling and the case’s dismissal due to alleged defects in the charges.
In February of this year, Sonko was acquitted of all charges by Chief Magistrate Eunice Nyuttu, who stated, “The prosecution, which called six witnesses, failed to provide enough evidence to justify proceeding to the defense stage.”
Nyuttu further pointed out that the evidence presented was too weak to support a conviction, contributing to Sonko’s acquittal.
“The prosecution only presented six witnesses and mishandled their case,” Nyuttu remarked in February.
Sonko and 14 others were cleared of 19 serious charges, mainly involving the misappropriation of Ksh357 million from the Nairobi County Government through fraudulent contracts during Sonko’s tenure as governor.
The case, filed in 2019, has been prolonged due to the limited number of witnesses, with only six individuals testifying over the years. One key witness has consistently appeared in court, while others have been hindered by various factors, including the Covid-19 pandemic.
High Court Overturns Sonko’s Acquittal in Ksh357 Million Graft Case, Orders Retrial
