DPP Appeals Sonko’s Acquittal in Sh20 Million Graft Case

Director of Public Prosecutions (DPP) Noordin Haji has filed an appeal challenging the acquittal of former Nairobi Governor Mike Sonko in a Sh20 million graft case.

On December 21st, Magistrate Douglas Ogoti struck out the case and acquitted Sonko and his co-accused Antony Ombok Jamal of 13 graft-related charges citing lack of evidence.

The magistrate said that all the charges filed against the two were defective as the prosecution failed to adduce evidence identifying the companies that were said to have been paid the money.

He further noted that no money was stolen from Nairobi County as no evidence was presented in court in regard to the loss of funds from the county government. The court also threw out claims that Sonko illegally authorized payment for the tender.

But in an appeal filed by Senior Assistant DPP Christine Nanjala, Haji says the magistrate relied on an old charge sheet filed in January 2020 and disregarded the substituted one filed in September 2020.

He argues that magistrate Ogoti erred in law by declaring that the charges were defective despite having admitted the amended charge sheet.

“The Learned Trial Magistrate erred in law and fact by failing to make a finding on each and every count as per the amended charge sheet of 7th September, 2020,” reads the appeal in part.

“The Learned Honourable Trial Magistrate erred in law and fact by failing to make a finding on Count No. 4, 9, 10, 11, 12 and 13 as per the amended charge sheet of 7th September, 2020.”

It adds: “The Learned Honourable Trial Magistrate erred both in law and fact by failing to analyze the evidence adduced by the 19 prosecution witnesses thereby arriving at an erroneous finding.”

The DPP wants the Appeals Court to quash the lower court’s decision and put Sonko and others on defense as per the amended charge sheet.

In the case, Sonko had been charged with conspiring to commit an offense of corruption namely abuse of office by extorting Sh20 million as an inducement to facilitate payments to Web Tribe Limited by the Nairobi County government in January 2019.