NAIROBI, Kenya — Former Nairobi Governor Mike Sonko has moved to strengthen his defence in the ongoing Sh20 million corruption case, asking the anti-corruption court to compel two key witnesses to testify, arguing their evidence is central to a fair determination of the trial.
Through his lawyer Asa Nyakundi, Sonko urged the court to summon lawyer Steve Ogola and Capitol Hill Police Station OCS Tusca Opondo, saying they hold material evidence that could significantly influence the outcome of the case.
Nyakundi told the court that Ogola is in possession of three critical documents — two charge sheets and an affidavit of cooperation — which the defence says raise serious questions about how the charges against Sonko evolved during investigations.
According to the defence, one charge sheet was prepared before the complainant was listed as a co-accused, while another was issued after the complainant was dropped from the case, a sequence Sonko argues must be interrogated in open court.
“The interest of justice supports the application that these witnesses be summoned,” Nyakundi submitted.
“They are crucial witnesses to the fair presentation of the first accused person’s defence, and their testimony will enable the court to arrive at a just determination.”
He added that issuing summons would not prejudice the prosecution in any way.
Sonko also wants the court to compel the OCS Tusca Opondo to produce records and evidence linked to statements allegedly made by the former governor during investigations, saying the material goes to the heart of his defence.
“This evidence is necessary for the court to arrive at a fair and just decision,” Nyakundi told the court.
The Office of the Director of Public Prosecutions (ODPP) did not oppose the application but raised a procedural concern, saying it had not been furnished with Ogola’s statement and would require it before any testimony is taken.
“The request for summons is not opposed,” the prosecution submitted. “However, the statement of Steve Ogola has not been supplied to the prosecution, and we pray that the same be provided to us.”
Sonko and his co-accused, businessman Erastus Ombok, were placed on their defence in February 2025 after the court found the prosecution had established a prima facie case against them.
They face multiple charges, including abuse of office, conflict of interest, money laundering, and acquisition of proceeds of crime, all linked to the alleged extortion of Sh20 million.
The case is being heard amid heightened scrutiny of corruption prosecutions, with courts increasingly balancing prosecutorial discretion against the constitutional right to a fair trial under Article 50 of the Constitution of Kenya (2010).
The court is expected to rule on whether to issue the summons at a later date.
