Mike Sonko Vows to Appeal Ruling Overturning His Acquittal in Ksh357 Million Graft Case
Former Nairobi Governor Mike Sonko has pledged to challenge the recent court decision that reversed his acquittal in a Ksh357 million corruption case.
On Wednesday, Sonko declared his intention to appeal the ruling, following a directive to appear before the High Court on December 16. “As a law-abiding citizen who values the judiciary and respects judicial decisions, I have instructed my legal team to promptly file an appeal against today’s ruling at the Court of Appeal,” he affirmed.
The acquittal was overturned by Justice Nixon Sifuna, who argued that the trial magistrate’s reliance on an amended charge sheet, revised by the Office of the Director of Public Prosecutions (ODPP), led to a flawed December 21, 2022 ruling.
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Previously, Sonko and 14 co-accused were cleared of 19 charges, including allegations of misappropriating Ksh357 million through questionable contracts during Sonko’s tenure as Nairobi governor. The dismissal was due to insufficient evidence, with Magistrate Douglas Ogoti ruling that the prosecution’s charge sheet was defective.
However, Justice Sifuna criticized this decision, equating it to using an incorrect marking scheme in an examination. He asserted that the trial magistrate erred gravely by relying on the amended charge sheet.
In its appeal, the ODPP argued that Magistrate Ogoti had neglected to properly evaluate the testimony of 19 prosecution witnesses. Justice Sifuna concurred, emphasizing that the use of the old charge sheet undermined the ruling.
As a result, Justice Sifuna has instructed Sonko and another accused individual to attend court for further directions. A new magistrate is expected to determine within 30 days whether the accused has a case to answer, based on the presented evidence.
Responding to X (formerly Twitter), Sonko expressed unwavering faith, stating, “There’s no giving up because God has always been my protector and defender. He will never let me down. He has always fought my battles and will continue fighting for me to get justice.”
Mike Sonko Vows to Appeal Ruling Overturning His Acquittal in Ksh357 Million Graft Case
