A Kiambu court has released former Nairobi Governor Mike Sonko on a Sh300,000 bond with a surety of the same amount in his case over assault, robbery with violence and malicious damage to property.
The case is in relation to an incident that happened on May 25, 2019 at Buruburu Phase 4 in Nairobi.
Chief Magistrate Stella Atambo noted that she arrived at these terms because most of the issues raised by the prosecution can be resolved out of court.
Sonko earlier denied nine counts of assault, contrary to section 251 of the penal code.
Mike Sonko arraigned at Kiambu Law Courts
Prosecution's shortcomings
In court on Tuesday, Ms Atambo also said the prosecution failed to produce evidence enough to warrant a denial of Sonko's release.
The prosecution had argued that the former county chief is a flight risk and may fail to appear in court when summoned.
“Besides the annexures on previous cases against the accused person, there is no material before this court to support the fact he may fail to appear in court," she said.
Sonko is being represented by a group including senior counsel John Khaminwa, criminal lawyer Cliff Ombeta, Danstan Omari.
On the likelihood that he will interfere with witnesses, Ms Atambo faulted the prosecution for failing to demonstrate such interference or intimidation, either by way of an affidavit from any of the intended prosecution witnesses or an OB extract proving witnesses have been threatened.
“Mere allegations that the accused will interfere or intimidate witnesses are not sufficient to warrant a denial of bond or bail. The likelihood must be real and demonstrated."
The magistrate further said the ex-governor cannot be considered a threat to public order, peace and security since the Director of Public Prosecution failed to produce evidence to support them.
“Bond or bail may not be denied on mere speculation and/or anticipation of breach of public order and peace,” the chief magistrate ruled
The court told Sonko that he must cooperate with the investigating officer and heed to summonses as required.
Sonko freed on Sh300,000 bond at Kiambu Law Courts
From the Kiambu court, the former governor proceeded to the Kahawa Law Courts for the hearing of an application for his detention for 30 days, to allow investigations into his alleged links to terror activities.
Two medics attended to him as the proceedings went on. His lawyers told the court that he was unwell and was rushed to Nairobi Hospital on Monday morning. They said he needed more time in hospital for further examination.
The medical report to prove his state, that was signed by six doctors, was produced in court.
Dr Khaminwa wondered why the ex-governor was transported in a Land Rover instead of an ambulance yet "his life is at risk".
He said, "Your honour, why is he being brought to court in a primitive manner rather, than in a civilized way?"
Former Nairobi Governor Mike Sonko sits in the dock at the Kiambu Law Courts, with paramedic Jackline Chepkoech, on February 9,2021.
Photo credit: Evans Habil | Nation Media Group
On Monday, Anti-Terrorism Police Unit (ATPU) boss John Gachomo confirmed the arrest of nine of Sonko's aides.
"We have them. They will be arraigned tomorrow," Mr Gachomo said.
Seven of the aides were arrested within the city over the weekend by ATPU officers who found knives and an assortment of items including camouflage military fatigue.
The ATPU is investigating alleged planning and funding of terror activities by a militia allied to the former governor.
