Former Nairobi Governor Mike Sonko has been dealt a blow after the High Court overturned his acquittal in a Sh25 million graft case , almost two years ago.
Justice Nixon Sifuna on Wednesday quashed Mr Sonko’s acquittal, saying the trial magistrate erred in the December 21, 2022 ruling by relying on a charge sheet that was amended by the Director of Public Prosecutions (DDP).
Trial Magistrate Douglas Ogoti acquitted Mr Sonko together with ROG Security Ltd and Anthony Otieno Ombok, alias Jamal, ruling that the charge sheet presented by the prosecution was defective.
“Therefore, the learned trial magistrate fell into grave error when he relied on a charge sheet that was amended, in arriving at his decision. This is akin to using a wrong marking scheme to mark an exam. On this alone, the said ruling falls flat,” said the judge.
The judge directed Mr Sonko and Mr Ombok to appear before the Milimani Anti-Corruption court on Monday, December 16 for directions.
He said the new magistrate should rule within 30 days whether Mr Sonko and Mr Ombok have a case to answer, based on the evidence on record.
Mr Sonko, through veteran lawyer Dr John Khaminwa, said he would appeal against the decision after his application for suspension of the decision was rejected by the judge.
The judge directed the case to be mentioned before the Anti-Corruption court on Monday for directions.
Mr Sonko had initially been charged with eight counts, including conspiracy to commit an offence of corruption, conflict of interest, money laundering, and acquisition of proceeds of crime.
The DPP later amended the charge sheet and brought additional charges of abuse of office, bringing the counts to 13.
After hearing evidence from 19 witnesses, Chief Magistrate Douglas Ogoti acquitted Mr Sonko and his co-accused saying the charge sheet was defective.
According to the magistrate, the prosecution erred by referring Mr Sonko in the charge sheet by his then title- Nairobi City governor- and not his name.
In the decision, Justice Sifuna noted that the trial magistrate relied on the initial charge sheet that contained eight counts.
The judge said after the new charge sheet was presented and the accused persons pleaded to the charges afresh, the initial charge sheet ceased to exist.
“I take the view that from then on, the initial charge sheet ceased to exist,” said the judge.
