Back to the drawing board for Sonko as High Court overturns his acquittal in Kes20m corruption case
13:12:2024: It is not yet over for the former Nairobi City County Governor Mike Mbuvi Sonko and his co-accused, Antony Ombok Jamal, in a Kes20 million graft case.
The two will now face a retrial after the High Court overturned their acquittal in HCACEC EO 16/2022, finding that the trial court erred in law by relying on the original charge sheet to acquit them after the same had been amended.
The Director of Public Prosecutions acted on EACC’s recommendations and instituted Milimani Anti-Corruption Case No. 1 of 2020 Republic vs. Mike Mbuvi Sonko and Others on January 27th, 2020. After that, the charge sheet was amended on September 7th, 2020, and fresh charges were read against the accused on September 14th, 2022.
They were charged with various offenses, including money laundering, conflict of interest, fraudulent acquisition of public property, and conspiracy to commit an offense of corruption, with the Prosecution calling 19 witnesses. However, on December 21st, 2022, the trial court, relying on the original charge sheet instead of the amended one, acquitted the accused persons for lack of compelling evidence that would warrant putting them to their defense.
The ODPP, dissatisfied with the ruling, appealed the decision on December 22nd, 2022 vide the High Court Anti-Corruption Appeal No. E016 of 2022 DPP vs. Mike Mbuvi Sonko and 2 others. The DPP contended, among others, that the trial Magistrate grossly misdirected himself by relying on an old charge sheet in making a finding that the charges were defective.
This Wednesday, the High Court agreed with the petition and found that the trial court erred in law by relying on the original charge sheet, which, having been amended, was deemed dead to acquit the accused. Thus, the former Governor of Nairobi City County and his co-accused will appear before the Anti-Corruption Trial Court for submissions on whether they have a case to answer based on the proper charge sheet.
