Mike Sonko celebrates as High Court orders ARA to unfreeze bank accounts holding Sh574 million

Former Nairobi County Governor Mike Sonko is in celebratory mood after the High Court ordered Asset Recovery Agency (ARA) to unfreeze nine of his bank accounts.

This comes after the High Court dismissed a case filed by ARA seeking to have over Sh574 million in the bank accounts of Mike Sonko declared proceeds of crime and forfeited to the State.

According to judgement delivered by Justice Nixon Sifuna, ARA failed to provide enough evidence linking the politician’s money to any criminal activities.

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Sonko took to Facebook to thank everyone who stood with him and his family during the entire court proceedings. Photo: UGC

In his ruling, Justice Nixon Sifuna held that investigators failed to verify properties Sonko allegedly sold, the purchase prices and the identities of the alleged buyers.

He faulted the agency for failing to present statements from the buyers, which would have helped greatly in proving its case.

“I am of the view that suspicion has to be founded and reasonable. It cannot just be from without. Where the Agency’s action arises from a complaint, the complaint should be specified and explained, even if the complainant’s name is not disclosed,” Justice Sifuna said.

Insufficient Evidence

The court also criticised ARA for relying only on bank statements beginning in August 2017, when Sonko became governor, and failing to provide records from before that period which could have allowed for a fair comparison.

“Being a public institution, the ARA is under a public duty to provide not only the evidence that incriminates a suspect but also that which exculpates him if available. Unfortunately, this was not the case here,” the judge added.

High Court ruled that ARA failed to provide enough evidence linking the politician’s money to any criminal activities. Photo: UGC

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Justice Sifuna concluded that the evidence on record was not enough to prove that the funds were proceeds of crime.

The judge dismissed the case with costs and ordered that the money preserved under an interlocutory order issued in February 2020, be released to Sonko forthwith, unless otherwise lawfully held.

Celebrating the court ruling, Sonko took to Facebook to thank everyone who stood with him and his family during the entire court proceedings.

“I thank God and all those who stood with me and my family for my big court victory against the Assets recovery. Mungu ni mwema. I will continue doing good to glorify His Holy name,”he wrote.