Former Nairobi Governor Mike Sonko has faced a legal setback after the High Court overturned his acquittal in a Ksh.20 million corruption case. This decision comes nearly two years after Magistrate Douglas Ogoti dismissed the case on December 21, 2022, citing a lack of sufficient evidence against Sonko and his co-accused, businessman Antony Ombok.
In his ruling on Wednesday, High Court Judge Nixon Sifuna ordered a retrial, assigning the case to a different magistrate to reevaluate the evidence. “This case shall be retried by another Magistrate who shall start by making a fresh ruling on the basis of the evidence on the record,” Justice Sifuna stated, emphasizing that the earlier acquittal was procedurally flawed.
The ruling marks a significant victory for the Office of the Director of Public Prosecutions (DPP), which had filed an appeal in 2022 challenging Magistrate Ogoti’s decision. The DPP argued that the magistrate made several legal and procedural errors in arriving at his judgment, including relying on an outdated charge sheet and failing to evaluate the amended charges filed on September 7, 2020.
Errors in the Acquittal
Justice Sifuna noted that Magistrate Ogoti failed to assess each of the 13 charges against Sonko and Ombok individually, instead issuing a generalized ruling. “The said ruling falls flat in its tummy,” Justice Sifuna remarked, adding that due diligence required the trial magistrate to deliberate on every count and its supporting evidence before arriving at a conclusion.
The judge further criticized the trial magistrate for neglecting to provide a detailed analysis of the prosecution’s evidence, which included testimonies from 19 witnesses. “In arriving at a ruling on whether the DPP had made a prima facie case, each count and evidence ought to be considered, and a conclusion given…the finding can’t be in a general manner,” Justice Sifuna underscored.
The appeal by the DPP also highlighted that Magistrate Ogoti declared the charges defective, a decision based on the outdated charge sheet rather than the amended version admitted into court. The DPP, represented by Senior Assistant DPP Christine Nanjala, argued that this oversight rendered the acquittal legally unsound.
“The Learned Trial Magistrate erred in law and fact by failing to make a finding on each and every count as per the amended charge sheet of September 7, 2020,” read part of the DPP’s appeal.
Next Steps in the Case
Following the High Court ruling, the graft case will now proceed under a new magistrate who will reassess the evidence and deliver a fresh ruling. This decision reopens a high-profile corruption case that had previously been dismissed, bringing renewed scrutiny to the allegations of embezzlement and misconduct against the former governor.
Sonko, who served as Nairobi’s governor before his impeachment in December 2020, has long denied the corruption allegations, framing them as politically motivated. The retrial is expected to intensify public interest in his legal battles and their implications for his political career.
The DPP’s successful appeal reflects the judiciary’s commitment to ensuring accountability in high-stakes corruption cases. With the retrial, all eyes will now be on the new magistrate to deliver a verdict that considers the evidence and resolves the contentious legal issues raised in the appeal.
This development also underscores the challenges faced by Kenya’s judicial system in navigating complex corruption cases involving influential figures. As the retrial unfolds, it will serve as a critical test of judicial integrity and the rule of law in the country.
