Former Nairobi Governor Mike Sonko’s legal team has suggested the potential for legal action against the state for alleged malicious prosecution.
This assertion follows Sonko’s recent acquittal by an anti-corruption court due to insufficient evidence presented by the Directorate of Public Prosecutions (DPP) in a case involving him and 16 others.
The accusations against Sonko and his co-defendants pertained to purportedly conspiring to corruptly embezzle funds totaling KES 357,390,299.95 from the Nairobi City government during a period spanning May 24, 2018, to March 28, 2019.
In an interview with one media outlet, advocate Assa Nyakundi remarked, “Given that he has suffered and paid a huge personal price, there is a distinct possibility of suing the state for malicious prosecution. Although early, there is a possibility.”
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While the Office of the Director of Public Prosecutions (ODPP) has not indicated whether they plan to appeal the acquittal, Nyakundi asserted readiness to respond to any subsequent legal actions.
Reflecting on Sonko’s dramatic arrest in Voi and subsequent court proceedings, Nyakundi criticized the handling of the case, alleging political motivations and lack of professionalism. He emphasized that Sonko bore a significant political sacrifice and endured substantial personal consequences.
In delivering the acquittal on Wednesday, Judge Nyutu expressed frustration with what she perceived as dereliction of duty by the ODPP.
She advocated for the enactment of regulations to hold prosecutors accountable for neglecting their responsibilities. Nyutu highlighted the need for policies ensuring prosecutors face civil liability for withdrawing cases and criticized the ODPP for what she characterized as a pattern of hindering court proceedings.
