All the six lawyers representing former Nairobi Governor Mike Sonko in a Sh10 million corruption case quit on Tuesday.
This second lot of defence lawyers, which includes veteran lawyer Dr John Khaminwa, has accused the court of unfairness.
The other five lawyers are Wilfred Nyamu, Assa Nyakundi, Philip Kahigu, Evans Ondieki and Martin Kuruga.
Their move means Sonko will have to defend himself and cross-examine protected witnesses who will testify in an enclosed structure.
Former Nairobi Governor Mike Sonko arrives at the Milimani Law Courts on March 16, 2021 for the hearing of his Sh10m graft case.
Photo credit: Dennis Onsongo | Nation Media Group
Dr Khaminwa's team claimed the court denied them time to gather evidence from the ex-governor's previous lawyers for adequate preparation to tackle the case.
The lawyers also claimed the trial is being conducted contrary to the requirements of the law and the Constitution.
"I do not want to participate in an illegal process," Dr Khaminwa told the media after he walked out of the courtroom.
He added that the trial is taking place in the absence of the media, contrary to the law, yet it is a public trial.
“The public is entitled to know what is happening in the case against their former governor,” he said, referring to Article 35 of the Constitution, on the right to information to every member of the public.
“From the looks of things, the court is determined to jail Sonko regardless of whether proper procedures and due process are being followed,”Dr Khaminwa said.
Lawyers representing former Nairobi Governor Mike Sonko in his Sh10 million graft case are pictured at the Milimani Law Courts on March 16, 2021.
Photo credit: Richard Munguti | Nation Media Group
The first team of lawyers representing the former governor - Mr Cecil Miller and Mr George Kithi - quit the case in January alleging unfairness.
Dr Khaminwa and his team protested after Mr Ogoti declined a to adjourn the case for 60 days to enable them secure evidence earlier served on Sonko by the Ethics and Ant-Corruption Commission (EACC).
The veteran lawyer had also sought time to enable the defence team get evidence from Mr Miller and Mr Kithi who were in conduct of the case.
The lawyer told the magistrate they had not retrieved voluminous files from the former lawyers so “they cannot follow the proceedings and cross-examine witnesses”.
“Having practised for over 50 years I find it odd to be asked to defend Sonko when I have not had the benefit of knowing the evidence in advance to prepare for the trial,” Dr Khaminwa told the media after walking out of the court session in protest. The trial resumed in camera on Monday.
He also noted that his team has not received instructions from Sonko on how to proceed with the case and that they need details of past proceedings in order to know what some 10 witnesses said.
Former Nairobi Governor Mike Sonko at the Milimani Law Courts on March 16, 2021 for the hearing of his Sh10m graft case.
Photo credit: Dennis Onsongo | Nation Media Group
Dr Khaminwa further said that Chief Magistrate Douglas Ogoti insisted on proceeding with the case contrary to the advice of six doctors, who said the former governor should rest as he was recently discharged from hospital.
He said the chief magistrate ordered Sonko to sit through the case yet six doctors at the Nairobi Hospital recommended 14 days of rest when he was discharged on March 11.
“It is very unusual for a court not to respect the health of a suspect,” he said, adding his client is being compelled to proceed with the case yet a psychiatrist declared him mentally unfit to stand trial.
The lead lawyer further cited a February 24 medical report from Kenyatta National Hospital (KNH), which stated that the ex-governor requires psychiatric treatment and follow-up sessions.
He said Sonko has a high blood pressure and needs a review by an orthopedics surgeon and an ear, nose and throat specialist.
The report was by senior doctors W K Sigilai (chief medical specialist), Bernard Gitura (senior medical specialist/cardiologist), Ian Kanyanya (senior medical specialist/psychiatrist) and Dr Phoebe Juma (medical specialist/physician).
Petition against magistrate
The lawyers also said Sonko filed a petition at the Judicial Service Commission (JSC) seeking Mr Ogoti’s removal from the Judiciary, on the claim that he is unfit for public service.
In the petition to the JSC, Dr Khaminwa said the former governor accused Mr Ogoti of biasness, unfairness and violating the code of ethics procedures, and infringing on his constitutional and fundamental rights.
Those sentiments were echoed by the five other lawyers after Dr Khaminwa walked out of the court, having been denied the opportunity to file fresh applications for the adjournment of the case.
“The court seems to be in hurry to conclude the case, whatever the consequences,” Mr Nyakundi said.
On Monday, Mr Ogoti ordered Sonko to appear in without fail, warning that he would face dire consequences if he did not.
Two weeks ago, he declined to recuse himself from the case saying Sonko was on a fishing expedition.
The ex-governor had asked the magistrate to disqualify himself from the case on grounds of biasness.
