High Court Orders Retrial in Mike Sonko’s Corruption Case

The High Court has ordered a retrial in the corruption case against former Nairobi Governor Mike Sonko, overturning a lower court’s acquittal.

The decision came after High Court judge Justice Nixon Sifuna found that trial magistrate Douglas Ogoti had made a significant error in handling the case.

In his ruling, Justice Sifuna pointed out that Magistrate Ogoti had relied on the original charge sheet, which was later amended.

He emphasized that the amended charge sheet had superseded the original, making it null and void.

Sifuna described this as a fundamental mistake, likening it to “using a wrong marking scheme to mark an examination.”

Sonko had initially faced charges based on an original charge sheet filed on January 27, 2020, which included eight counts.

This was followed by an amended charge sheet on September 7, 2020, which contained 13 counts.

The High Court ruling mandates that the case be heard afresh by a different magistrate, who is tasked with making a determination within 30 days on whether a prima facie case has been established under Section 210 of the Criminal Procedure Code.

“In the end, I find that the magistrate in arriving at the impugned ruling fell into error.

This appeal succeeds and is therefore allowed,” Justice Sifuna stated. “The ruling delivered by Magistrate Ogoti is hereby set aside. Consequently, the trial court’s acquittal of the respondents is hereby set aside.

This case shall be retried by a magistrate other than trial magistrate Ogoti, who shall start by making a fresh ruling under Section 210 of the CPC on the basis of the evidence so far adduced. The said ruling be made within 30 days.”

Sifuna also criticized the trial court for failing to consider the evidence presented for each individual count and instead issuing a generalized ruling.

He dismissed the trial court’s decision that the charges were defective, noting that cases should be determined based on merit and substantive justice, not on procedural technicalities.

Earlier, Magistrate Ogoti had acquitted Sonko and his co-accused, ruling that the charge sheet was defective. He also found that the evidence from 19 witnesses was insufficient to warrant a defense.

“The accused persons, therefore, have no case to answer,” Ogoti had ruled.

Sonko had been accused of embezzling public funds by awarding dubious contracts, with the proceeds allegedly funneled into his personal accounts.

The charges against him included money laundering, abuse of office, conflict of interest, and conspiracy to commit an economic crime.

Specifically, Sonko was accused of corruptly receiving over Sh25 million through proxies between July 1, 2018, and January 31, 2019.

Among the questionable contracts was one for the supply and implementation of an electronic revenue collection and payment system.