NAIROBI, Kenya – Former Nairobi Governor Mike Sonko’s legal troubles deepened on Wednesday after the High Court overturned his acquittal in a Sh24 million corruption case, ordering a retrial before a different magistrate.
Justice Nixon Sifuna set aside the 2022 ruling by then-trial Magistrate Douglas Ogoti, who had cleared Sonko, his co-accused Anthony Ombok, and ROG Security Ltd, citing a defective charge sheet.
The judge ruled that Magistrate Ogoti had erred by relying on the outdated charge sheet filed in January 2020 instead of an amended version submitted in September of the same year.
“It’s akin to using the wrong marking scheme to mark examination papers. On this alone, the said ruling fails flat,” Justice Sifuna remarked. “Once the DPP amended the charge sheet, reference to the original one became invalid and as dead as a dodo.”
The ruling breathes new life into a case in which Sonko was accused of embezzling county funds through fraudulent contracts, allegedly channeling the money into his personal accounts across various locations in the country.
The Director of Public Prosecutions (DPP), dissatisfied with the 2022 acquittal, had appealed, arguing that Magistrate Ogoti failed to assess the evidence presented by 19 prosecution witnesses.
The DPP claimed the trial court overlooked the substance of the amended charge sheet, which replaced the original.
Justice Sifuna agreed, ruling that the retrial would begin with a fresh determination on whether Sonko and his co-accused have a case to answer, based on the evidence already on record.
He directed that this decision be made within 30 days before a new magistrate.
Sonko’s lawyer, John Khaminwa, had urged the court to suspend its decision, but the judge declined, paving the way for the retrial to proceed without delay.
Justice Nixon Sifuna set aside the 2022 ruling by then-trial Magistrate Douglas Ogoti, who had cleared Sonko, his co-accused Anthony Ombok, and ROG Security Ltd, citing a defective charge sheet.
The judge ruled that Magistrate Ogoti had erred by relying on the outdated charge sheet filed in January 2020 instead of an amended version submitted in September of the same year.
“It’s akin to using the wrong marking scheme to mark examination papers. On this alone, the said ruling fails flat,” Justice Sifuna remarked. “Once the DPP amended the charge sheet, reference to the original one became invalid and as dead as a dodo.”
The ruling breathes new life into a case in which Sonko was accused of embezzling county funds through fraudulent contracts, allegedly channeling the money into his personal accounts across various locations in the country.
The Director of Public Prosecutions (DPP), dissatisfied with the 2022 acquittal, had appealed, arguing that Magistrate Ogoti failed to assess the evidence presented by 19 prosecution witnesses.
The DPP claimed the trial court overlooked the substance of the amended charge sheet, which replaced the original.
Justice Sifuna agreed, ruling that the retrial would begin with a fresh determination on whether Sonko and his co-accused have a case to answer, based on the evidence already on record.
He directed that this decision be made within 30 days before a new magistrate.
Sonko’s lawyer, John Khaminwa, had urged the court to suspend its decision, but the judge declined, paving the way for the retrial to proceed without delay.
