Magistrate Charles Ondieki ruled that the charges against Sonko and his co-accused are not defective, as previously argued, and that the prosecution has presented sufficient evidence to warrant a defense.
“The court is unable to find the charges defective on account of ambiguity,” Magistrate Ondieki stated.
The prosecution has successfully presented a prima facie case, suggesting that the evidence laid out, though rebuttable, is strong enough to proceed.
Sonko, along with ROG Security Limited and Anthony Ombok, will now be required to mount a defense against the charges, which include money laundering, abuse of office, and conflict of interest.
Sonko has indicated that he will call witnesses, including officers from the Directorate of Criminal Investigations (DCI), to bolster his defense.
In 2022, Sonko was acquitted of these charges by then Chief Magistrate Douglas Ogoti, who ruled that the charge sheet presented by the Director of Public Prosecutions (DPP) was defective.
However, this acquittal was overturned in December last year by Justice Nixon Sifuna, who argued that Ogoti had erred in his reliance on the original, rather than the amended, charge sheet.
Justice Sifuna reinstated the case and ordered a retrial before a different magistrate.
Magistrate Ondieki, while finding the bulk of the charges sound, did dismiss two counts of conspiracy to commit corruption, labeling them as duplex and therefore invalid.
One of the central allegations against Sonko is that he improperly conferred a benefit to himself by demanding KSh10 million from Web Tribe Limited through ROG Security Limited.
This payment was allegedly sought as an inducement to facilitate payments to Web Tribe by the Nairobi City County Government during Sonko’s tenure as governor.
The defense hearing is scheduled to commence on May 18, with further sessions set for dates beginning July 16.
Magistrate Ondieki has made it clear that no adjournments will be allowed, ensuring the case proceeds without delay.