Court allows Mike Sonko to seek treatment
Former Nairobi Governor Mike Sonko with a paramedic at the Kiambu Law Courts on February 9, 2021.
Former Nairobi Governor Mike Sonko will spend Tuesday night at Nairobi Hospital, away from the cold floors of Gigiri police station for the first time in nine days after a court declined to remand him at Kamiti Maximum Prison.
This was despite a spirited fight by Director of Public Prosecutions Noordin Haji’s team to have Mr Sonko sent to Kamiti.
Anti-Terrorism Police Unit (ATPU) officers stormed the hospital in the morning and took Mr Sonko after learning he was taken there.
Former Nairobi Governor Mike Sonko at the Kiambu Law Courts on February 9, 2021.
The former governor had complained of stomach pains while at the police station on Monday night.
He was taken to the hospital where he was admitted and obtained a report indicating he was ill.
On learning that the politician could not attend his bail hearing at Kiambu law courts, the ATPU team which had been guarding him made its way to the hospital.
Former Nairobi Governor Mike Sonko sits in the dock at the Kiambu Law Courts, with paramedic Jackline Chepkoech, on February 9,2021.
The hospital management and security, who appeared to have been caught off-guard, could not prevent the more than a dozen heavily armed men taking the former governor.
He was immediately put in a vehicle and driven to Kiambu.
In a stormy session, charactarised by complaints from Mr Sonko’s lawyers, Chief Magistrate Stella Atambo freed him on a Sh300,000 bond and surety of a similar amount.
The court said the prosecution failed to give good reasons to deny Mr Sonko bond.
It added that the matters raised by the State could be solved out of court.
The prosecution argued that the former governor is a flight risk.
The court, however, rejected the application, saying there is no evidence to support it.
“Apart from the annexures on previous cases against the accused, there is no material placed before this court to support the fact that if admitted to bond or bail, he will fail to observe the same,” Ms Atambo said.
The court also faulted the prosecution team for failing to demonstrate that Mr Sonko would interfere with witnesses if freed.
“Mere allegations that the accused will interfere or intimidate witnesses is not sufficient to warrant a denial of bond or bail. The likelihood must be real and demonstrated,” the magistrate said.
During the court appearance, the former city governor looked relaxed as he sat in the dock, a stark difference from last week when he cried.
Next to Mr Sonko were two health workers attending to him during the proceedings.
Mr Sonko was in a white T-shirt with the words “Never Give Up” and blue jeans.
From Kiambu, the former county boss was driven to Kahawa West law courts.
His lawyers said he was unwell and needs to be attended to.
They produced the medical report from Nairobi Hospital signed by six doctors.
Mr John Khaminwa, the lead defence lawyer, said it was wrong for the former governor to be transported in a police vehicle instead of an ambulance “when his life is clearly at risk”.
“He is being handled in a primitive manner,” Dr Khaminwa told the court.
Chief Magistrate Diana Mochache declined to give the prosecution team the 30 days it had asked for to hold Mr Sonko “as investigations into the terrorism activities continue”.
She, instead, ruled that the former Nairobi governor be escorted by the ATPU officers to Nairobi Hospital in an ambulance to continue with treatment.
She also directed that detailed information from the doctors treating Mr Sonko be taken to court at 10am today in his absence.
Additionally, Ms Mochache said the application being made by the prosecution seeking to detain Mr Sonko for 30 days be heard when the former governor is discharged from hospital.
