City Affairs

Court acquits ex-Nairobi governor Mike Sonko in Sh357 million graft case

Former Nairobi Governor Mike Sonko at a past event. (X/Mike Sonko)

By Bashir Mohammed | Wednesday, February 7, 2024

The defendants were cleared by Milimani Magistrate Eunice Nyutu due to a lack of evidence.

Former Nairobi Governor Mike Sonko and 16 co-accused individuals have been acquitted in a case where they were alleged to have misappropriated Sh357 million from the Nairobi County Government.

The defendants were cleared by Milimani Magistrate Eunice Nyutu due to a lack of evidence presented by the prosecution demonstrating their conspiracy to embezzle the funds.

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"After carefully considering the testimony of six witnesses, the evidence presented is inadequate to sustain the charges against the accused persons," Nyutu said on Wednesday.

She criticised the weakness of the evidence at the close of the prosecution's case, deeming it unreliable for a conviction.

"The prosecution only managed to call six witnesses before they bungled up their case," said Nyutu.

The trial, ongoing since 2019, experienced delays exacerbated by the COVID-19 pandemic, officially commencing in 2021.

Magistrate Nyutu expressed frustration with the Director of Public Prosecutions (DPP), accusing them of seeking adjournments on multiple occasions and characterising the prosecution's conduct as neglect of duty.

"It's tragic that a prosecution can lose sight of a case. The conduct by the prosecution in this case reeks of neglect of duty," she said.

She particularly took issue with the prosecution's failure to handle the case in a manner that prioritises public interest and welfare. To address this deficiency, Nyutu suggested that Parliament should develop regulations to hold prosecutors accountable for their handling of public cases and negligence.

Due to the majority of witnesses being under protection, the court conducted the proceedings on camera.