Mike Sonko’s acquittal overturned, retrial ordered in Sh357m graft case
By Lucy Mumbi |
Justice Sifuna directed the new magistrate to begin by ruling, based on the existing evidence, whether the accused have a case to answer.
The High Court has overturned the acquittal of former Nairobi Governor Mike Sonko in a Sh357 million corruption case, ordering a retrial before a different magistrate.
Justice Nixon Sifuna ruled that the decision by Magistrate Douglas Ogoti to acquit Sonko, Anthony Ombok, and ROG Security Ltd in December 2022 was flawed due to reliance on an outdated charge sheet.
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“The trial magistrate fell into grave error when he used the old charge sheet in deciding on the totality of the evidence,” Justice Sifuna said, likening it to using the wrong marking scheme to assess examination papers.
The court determined that once the Director of Public Prosecutions (DPP) amended the charge sheet in September 2020, the earlier version from January 2020 became invalid.
“That charge sheet became spent and as dead as a dodo. It could not be relied on,” the judge said.
The case, which involves allegations of embezzlement of public funds through questionable contracts, will now be retried. Justice Sifuna directed the new magistrate to begin by ruling, based on the existing evidence, whether the accused have a case to answer.
The ruling is to be made within 30 days.
During the initial trial, 19 witnesses provided testimony against Sonko and his co-accused. The prosecution alleged that funds were siphoned from the Nairobi County government and funnelled into Sonko’s accounts in various locations across the country.
The DPP had appealed Ogoti’s decision, arguing that the magistrate failed to properly analyse the evidence presented by the witnesses. Furthermore, they contended that Ogoti’s reliance on the outdated charge sheet undermined the trial process.
In opposition, Sonko’s legal team, led by John Khaminwa, defended the acquittal, urging the court to uphold Ogoti’s ruling. However, the High Court rejected their request to suspend the judgment.
By setting aside the initial ruling, the High Court has paved the way for renewed scrutiny of Sonko’s financial dealings during his tenure as governor.
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