Sonko ordered to defend himself over graft charges in court

Former Nairobi Governor Mike Sonko will have to defend himself against corruption charges after a Nairobi court ruled that there is sufficient evidence for his case to proceed to the defense stage.

Milimani Magistrate Charles Ondieki on Friday ruled that the prosecution has presented a prima facie case against Sonko and his co-accused, meaning there is enough evidence for the case to continue.

"The court is unable to find the charges framed by the state as defective," he said, explaining that the evidence so far can support the case, though it may still be rebutted by the defense.

Sonko, who faces charges of money laundering, abuse of office, and conflict of interest, has indicated that he will call witnesses to support his defense, including officers from the Directorate of Criminal Investigations (DCI).

The charges stem from incidents during his time as Nairobi Governor in 2019, when he allegedly demanded Sh10 million from Web Tribe Limited through ROG Security Limited to facilitate payments to the company by the Nairobi City County Government.

The case had previously been thrown out in 2022 by then Milimani Chief Magistrate Douglas Ogoti, who acquitted Sonko on the grounds that the charge sheet presented by the Director of Public Prosecutions (DPP) was defective.

DPP appeal

However, the DPP appealed the decision, and in December 2023, Justice Nixon Sifuna reinstated the charges, ruling that Ogoti had erred in his acquittal and ordered the case be retried with a new magistrate.

In his ruling, Magistrate Ondieki acknowledged that charges could only be considered defective if they were framed in such a way as to cause serious embarrassment or injustice to the accused.

"The court is unable to find the charges defective on account of ambiguity," Ondieki said.

While Sonko and his co-accused, ROG Security Limited and Anthony Ombok, were acquitted of two counts of conspiracy to commit an offence of corruption, the other charges will proceed.

The court found sufficient evidence to support the accusations of money laundering, abuse of office, and conflict of interest.

"The prosecution has presented a prima facie case, and the accused persons will have to defend themselves," Magistrate Ondieki said.

The abuse of office charge alleges that Sonko improperly conferred a benefit upon himself by demanding the Sh10 million from Web Tribe Limited. This was said to have occurred while he was serving as Nairobi Governor.

Magistrate Ondieki also made it clear that once the defense hearing begins, no further adjournments will be allowed.