Sonko lawyers say he needs hip replacement surgery

Former Nairobi Governor Mike Sonko's lawyers on Friday told a court that he needs to travel to South Africa for a hip replacement surgery.

This is as the Anti-Terrorism Court in Kahawa West, Nairobi, released his two co accused in the case due to failure by the State to charge them.

Clifford Ouko and Benjamin Ouko were presented before the court as ordered but the State asked that they be released on condition that they report to a police station every two weeks.

Their lawyers, however, argued that the request by the State was "unconstitutional since it had been unable to prefer any charges against them since their arrest."

They were consequently released unconditionally but it wasn't before their lawyers said they had fallen sick while in custody.

"Our clients have contacted Covid-19 while in remand and the State wants to continue detaining them without a reason," argued Danstan Omari who was part of the legal team led by John Khaminwa.

 As for Sonko, his lawyers presented a doctor's report saying he urgently needs hip surgery.  

Mr Sonko has been at the Nairobi Hospital where he was rushed on February 9 with stomach complications. His lawyers have since said that he suffers from bipolar disorder, excessive body weight, high cholesterol and sleep disorder.

The former governor has been a no show in any of his court cases for the whole of February. This prompted the Anti-Corruption court to order that he be examined by four government doctors at the Kenyatta National Hospital this week.

“The patient has been reviewed by several orthopaedic surgeons who all have recommended bilateral hip replacements," said a report by Dr Esther Nafula Wekesa presented in court on Friday.

“The surgery is needed urgently as the patient has already developed severe arthritis. If left untreated, avascular necrosis can lead to serious complications such as bone collapse," said the report.

While arguing on the need for Mr Sonko to be taken to South Africa, the medical report further argued that the preferred doctor cannot come to Kenya. 

Last week, Sonko accused the government of using a decades old case, which was quashed in 2001, as an excuse to keep him in remand.

In a petition pending before the High Court, he said he is aware that the State wants to resurrect criminal cases against him which collapsed in 1998.