Court suspends Sh10m corruption case against Mike Sonko

The High Court on Monday suspended the Sh10 million graft case against former Nairobi Governor Mike Sonko following his allegation of an unfair trial.

Justice James Wakiaga, who heard a petition presented by lawyer John Khaminwa, for Sonko, said the ex-governor’s case will be heard on July 4.

Sonko wants another magistrate appointed to hear the case currently being heard by Chief Magistrate Douglas Ogoti.

He has named the Director of Public Prosecution (DPP), the Ethics and Anti-Corruption Commission (EACC), the Inspector-General of Police, the Attorney-General and Mr Ogoti as respondents.

The court ordered all the parties in the case to file written submissions by June 23.

Justice Wakiaga, of the Anti-Corruption and Economics Crimes Division of the High Court, also directed the respondents to file responses to Sonko’s allegations within seven days from June 3, when he gave the interim conservatory orders staying the trial before Mr Ogoti.

“The case will be mentioned on June 23 to establish whether all the parties will have complied by filing written submissions,” he said.

The judge clarified that the orders he gave were only limited to ACC No.1 of 2020, which concerns the Sh10million corruption case.

Sonko's complaints

In the petition, Sonko alleges that his rights to a fair trial were violated when he was asked to appear in person in the case yet legal representation is his constitutional and fundamental right. He also noted that doctors allowed him total rest after he suffered various ailments.

His former lawyers Cecil Miller and George Kithi quit the case then hired Dr Khaminwa, Wilfred Nyamu, Assa Nyakundi and Evans Ondieki to represent him.

Sonko was coerced to appear in court in person after the Dr Khaminwa team stormed out in protest against what they said were unfair circumstances in the trial.

The former governor accuses Mr Ogoti of ruling on an application his former lawyers filed to recuse himself from the case before he tendered submissions.

The former governor says the new lawyers need time to familiarise themselves with the case then seek fresh instructions.

Mr Ogoti dismissed the issues of bias raised by Sonko and said no evidence of personal bias had been presented against the court.

He also said there was no evidence that other factors had influenced his previous decisions in the case.

Besides the Sh10 million graft case, Sonko is facing two other corruption cases involving Sh14 million and Sh354 million.

He was released on bond in all the cases.

[email protected].