Former Nairobi Governor Mike Sonko has announced his intention to appeal a High Court ruling that overturned his acquittal in a KES 20 million corruption case. The decision, made by Justice Nixon Sifuna on Wednesday, nullified the earlier ruling by Magistrate Douglas Ogoti, who had acquitted Sonko and businessman Antony Ombok of 13 corruption charges in December 2022 due to insufficient evidence.
Justice Sifuna found significant legal errors in the initial ruling, particularly the trial magistrate’s reliance on an amended charge sheet prepared by the Office of the Director of Public Prosecutions (ODPP). The judge explained that Magistrate Ogoti had used this amended charge sheet in making his decision, which led to the acquittal. “The ruling is fundamentally flawed. In determining whether the Director of Public Prosecutions presented a prima facie case, each count and its evidence must be analyzed and addressed separately. A general conclusion is not acceptable,” Justice Sifuna stated.
The judge also likened the magistrate’s reliance on the amended charge sheet to using an incorrect marking scheme in an exam. “This is akin to using the wrong marking scheme to mark an exam. On this alone, the said ruling falls flat,” he said, emphasizing the gravity of the legal error.
As a result of this ruling, the High Court ordered a retrial of the case before a new magistrate. The retrial will start with a fresh ruling based on the existing evidence. Justice Sifuna also instructed that the new magistrate determine within 30 days whether Sonko and Ombok should face prosecution.
In response, Sonko expressed his resolve to challenge the decision. “As a law-abiding citizen who respects judicial decisions, I have instructed my legal team to immediately file an appeal at the Court of Appeal,” he said. He further reaffirmed his faith, stating, “There’s no giving up because God has always been my protector and defender. He will never let me down.” Sonko and Ombok are scheduled to appear in court on Monday for further instructions regarding the retrial.
