Doctors present to court conflicting reports of Sonko’s mental status
Former Nairobi governor Mike Sonko (left) in a Milimani court on March 4, 2021. The court directed that he undergoes a mental examination to ascertain his capability to follow proceedings of his criminal trial for graft.
Former Nairobi governor Mike Sonko will undergo a mental examination to ascertain his capability to follow court proceedings of his criminal trial for graft.
The Anti-Corruption Court in Milimani Thursday directed that Sonko be examined by a government psychiatrist at Kenyatta National Hospital (KNH) to confirm whether he is fit to stand trial.
Principal Magistrate Peter Ooko made the order after the court was furnished with two conflicting medical reports over Sonko’s mental status.
Conflicting reports
One report tabled by Sonko’s lead counsel John Khaminwa indicated that he was not mentally fit to follow the court proceedings. The report dated March 4, 2021 was signed by a consultant psychiatrist, Dr Pius Kigamwa.
However, another report dated February 24, 2021 by four doctors from KNH indicated that his mental status was normal and there no indication of him being unable to attend court proceedings.
The four doctors had noted that during examination, the "patient (Sonko) showed no abnormal mannerism. He was calm, with no restlessness and his speech was normal in volume. His thoughts were logical and coherent".
It also showed that Sonko did not show any “abnormal mannerism, maintained eye contact, (had) no delusional thoughts but was in low mood”.
The four KNH doctors led by Dr W K Sigilai, who is the chief medical specialist, also recommended that the former governor requires psychiatric treatment and follow ups besides an orthopaedic surgeon’s review. The other doctors were Dr Bernard Gitura (cardiologist), Dr Ian Kanyanya (psychiatrist) and Dr Phobe Juma (physician).
Second report
Magistrate Ooko noted that although the two medical reports concur that Sonko suffers from bipolar disorder, the issue of being mentally unfit was not well captured and there were differences.
Mr Ooko called for a second psychiatric report that will be produced in court on March 12, 2021 before he can give any directions on the trial in the Sh14 million corruption case against Sonko, ROG Securities Limited and Antony Otieno Ombok alias Jamal who is being defended by Paula Atukunda.
Earlier on, there was drama when Sonko’s legal team exchanged words with the prosecutors at a different court presided by Chief Magistrate Douglas Ogoti.
Sonko’s lawyers complain
The court session became unruly after Sonko’s lawyers engaged the magistrate while protesting that he was not listening to them. They were complaining that they had not been furnished with a copy of the medical report from KNH.
Mr Ogoti, while describing the situation as unfortunate, told the lawyers that the court was not the proper forum to protest and that they should lodge an appeal or a revision of his rulings.
The dispute emerged after the court dismissed the former governor’s applications for adjournment and recusal of the magistrate due to perceived bias.
The magistrate had also dealt a blow to Sonko by allowing the prosecution to present new evidence against him and an extra witness in the Sh10 million graft case facing him and two others.
Sonko wanted the magistrate to disqualify himself from the case on grounds that he had denied him a fair trial by extending the proceedings to night time and also allowing protected witnesses to testify.
The former governor also complained that the magistrate had allowed the prosecution to furnish him with additional evidence within short timelines.
But the magistrate declined to disqualify himself saying the claims by Sonko were unsubstantiated. He added that bias can only be proven on the basis of personal or extra-judicial grounds for a magistrate to rescue himself from a case.
He added that asking a court to recuse itself when there is no appeal is a judicial threat and that Sonko was throwing spanners to the case to stall the hearing.
The magistrate noted that the recusal application was filed after Sonko’s previous legal defence team that was led by lawyer Cecil Miller abandoned the case following disagreements with the court.
"The accused must take charge of his case and brief his counsel sufficiently enough to come and proceed in the next hearing. He should ensure he has all disclosed documents in his possession," ruled the magistrate.
The former governor will return to court on March 12 for mention to confirm if he has undergone mental examination.
