Sanctioned by US and condemned at home, noose tightening on Sonko
Former Nairobi Governor Mike Sonko.
The writing is on the wall for former Nairobi Governor Mike Sonko after Washington yesterday flagged him as a corrupt individual and barred him from entry into the United States.
The State Department accused Mr Sonko of involvement in “significant corruption”, saying he had “solicited bribes and kickbacks in exchange for awarding contracts to his associates” while he served as the city’s governor.
“His actions undermined the rule of law and the public’s faith in Kenya’s democratic institutions and public processes. The department is also announcing the designation of the following members of Sonko’s immediate family: His wife Primrose Mwelu Nyamu Mbuvi; their daughters Saumu Agnes Mbuvi and Salma Wanjiru Mbuvi,” it stated.
The noose is now tightening on the former governor even as he seeks to move to the Supreme Court to salvage his political career following his recent loss at the Court of Appeal. There are ongoing investigations by the anti-corruption watchdog over his fraudulent dealings at City Hall.
Mr Sonko rose from a matatu business to head the largest city in East and Central Africa. He’s also a former prisoner who does not shy away from controversy. For over 10 years, he has been dodging integrity questions and his suitability to hold public office based on his past criminal record.
He is currently under an active criminal trial over alleged corruption, breach of public procurement rules and fraudulent dealings at City Hall.
Prosecutors alleged he received millions of shillings in a complex web of corruption, where companies awarded tenders by the county government reportedly wired kickbacks indirectly into his accounts.
Investigations by the Ethics and Anti-Corruption Commission (EACC) claimed that Mr Sonko’s friends cumulatively diverted some Sh39 million to their sister companies before the money ended up in the governor’s accounts. The US sanction comes just days after he lost a second attempt to reclaim his seat.
He suffered a major blow last week after the Court of Appeal upheld the High Court’s finding that his impeachment by the county assembly in 2020, over graft and violation of the Constitution, was legal.
The implication of the ruling is that Mr Sonko is one step away from being permanently barred from contesting for or holding public office. Article 75(3) of the Constitution states: “A person who has been dismissed or otherwise removed from office for a contravention of the provisions specified in clause (2) is disqualified from holding any other State office.”
He has, however, vowed to appeal at the Supreme Court. Mr Sonko is facing three separate cases before different anti-corruption courts in Milimani. Some evidence was heard under protective measures.
The cases involve Sh381 million allegedly lost from the county government through money laundering, bribes, conflict of interest and acquisition of proceeds of crime. He is also fighting accusations of abuse of office, making irregular payments, improperly conferring a benefit to himself and conspiring to commit an offence of corruption.
In the first file, he is charged alongside businessmen Fredrick Odhiambo alias Fred Oyugi, Antony Otieno Ombok and ROG Securities Ltd for embezzling City Hall of Sh14 million.
Mr Sonko is accused of having a conflict of interest in awarding of tenders by the county government and acquisition of proceeds of crime. Prosecutors claimed Mr Sonko received Sh8.4 million from ROG Security Ltd through Mr Anthony Otieno between December 27 and December 28, 2018.
The money was said to be a benefit in respect to a contract by the county government for hiring of heavy equipment. He is also accused of having an indirect private interest in the awarding of a tender to Yiro Enterprises Ltd by receiving Sh8.4 million from Mr Fredrick Odhiambo.
Mr Sonko is also charged alongside Mr Odhiambo, Mr Otieno and ROG Security Ltd for money laundering and conspiring to commit an offence of corruption through the hiring of heavy machinery, which led to the loss of Sh14 million from the county government.
In the second file, he reportedly demanded a bribe of Sh10 million from a company that City Hall had contracted to collect revenues. Prosecutors claimed he demanded the bribe from Web Tribe Limited through ROG Security Ltd as an inducement to facilitate payments and its contract with Nairobi County.
He allegedly committed the offence between January 10 and January 19, 2019 within Nairobi when Web Tribe’s e-revenue collection contract with City Hall through JamboPay was due to expire.
The electronic payment firm was contracted in 2014 by the administration of former Governor Evans Kidero to supply, implement and maintain an automated revenue collection and payments solution for five years. The contract ended in April last year.
In the third file, Mr Sonko is charged alongside 16 others, including contractors and officials of county government, over loss of public funds amounting to Sh357 million. Prosecutors said that between May 24, 2018 and March 28, 2019, Mr Sonko jointly with others conspired to embezzle the county government of Sh357,390,229.
Prosecutors said between October 11, 2018 and March 13, 2019, Hardi Enterprises received Sh357 million for solid-waste disposal. It then transferred Sh55.8 million to Toddy Civil Engineering. Toddy, which is also associated with directors of Hardi, transferred Sh3 million to Mr Sonko’s accounts.
Prosecutors said that Hardi was not only given the garbage-collection contract fraudulently, but it also got a second one for vehicle and equipment leasing through a direct tender.
Mr Sonko is out on a cash bail of Sh15 million. The trial commenced following investigations by the EACC.
