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Former Nairobi Governor Mike Sonko has exuded confidence that justice will prevail after the High Court overturned his acquittal in a Sh25 million graft case.
Sonko has stated that he is not satisfied by the decision by Justice Nixon Sifuna to quash his acquittal, noting that his legal team will be ready for the next battle.
Justice Sifuna ruled that the decision by Magistrate Douglas Ogoti to acquit Sonko, Anthony Ombok, and ROG Security Ltd in December 2022 was defective due to reliance on an outdated charge sheet.
Sonko, through his lawyer Dr John Khwaminwa is expected to appeal against the decision.
“We have read the decision by Justice Nixon Sifuna and we disagree with his final findings on the matter hence the need to appeal,” Sonko said
Sonko said he will remain supportive to the courts, despite what he terms as a possible political effort to derail his return to elective politics.
In the case at hand, he was initially charged with eight counts, including conspiracy to commit an offence of corruption, conflict of interest, money laundering, and acquisition of proceeds of crime.
The Director of Public Prosecutions(DPP) later amended the charge sheet and brought additional charges of abuse of office, bringing the counts to 13.
Sonko has lamented the inconsistency of the DPP in what he has largely described as trumped-up charges that were engineered by the deep state during the Jubilee administration.
“ We have been fighting this battle that was orchestrated by the deep state to haunt me out of office and time has always vindicated us that is why we will fight to the end,” Sonko said
Justice Sifuna also ruled that the new magistrate should rule within 30 days to decide whether Mr Sonko and Mr Ombok have a case to answer, based on the evidence on record.
Sonko’s application to have the decision suspended and this means he will explore the right to appeal.
Sonko’s battle with the Kenyan courts took a new twist when the East African Court of Justice (EACJ) faulted Kenya’s Supreme Court for procedural violations in his impeachment case.
The regional court found merit in Sonko’s claims that his impeachment proceedings violated his right to a fair trial. The court highlighted potential breaches of Article 25 of the Kenyan Constitution, which guarantees the right to a fair trial, and Articles 6 and 7 of the East African Community (EAC) Treaty, which emphasize good governance, the rule of law, and justice among member states.
The EAC criticized the procedural flaws that undermined the credibility of Sonko’s impeachment, noting that Sonko’s barring from holding public office for life inflicted irreparable harm on his political career and reputation. It emphasized that such a penalty required an indisputable demonstration of fairness and transparency during the impeachment process.
