Former Nairobi Governor Mike Sonko has instructed his lawyers to appeal a High Court ruling that overturned his acquittal in a Ksh20 million corruption case.
On Wednesday, Justice Nixon Sifuna nullified the earlier decision, citing significant legal errors made by the trial magistrate.
Justice Sifuna stated that Magistrate Douglas Ogoti, who dismissed the case on December 21, 2022, relied on an amended charge sheet prepared by the Office of the Director of Public Prosecutions (ODPP), which compromised the ruling. Magistrate Ogoti had acquitted Sonko and businessman Antony Ombok of 13 charges due to insufficient evidence.
“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 explained.
He further likened the magistrate’s reliance on the amended charge sheet to using the wrong marking scheme in grading an exam.
“Therefore, the learned trial magistrate fell into grave error when he relied on a charge sheet that was amended, in arriving at his decision. This is akin to using the wrong marking scheme to mark an exam. On this alone, the said ruling falls flat,” the judge stated.
As a result, the High Court ordered a retrial before a new magistrate. Justice Sifuna directed the retrial to begin with a fresh ruling, based solely on the evidence on record. He also instructed the new magistrate to determine within 30 days whether Sonko and his co-accused should face prosecution.
Additionally, the judge mandated that Sonko and Ombok appear in court on Monday for further instructions regarding the retrial.
In response to the ruling, Sonko vowed to fight the decision, expressing confidence in his pursuit of justice. “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,” Sonko declared.
He also reaffirmed his faith, saying, “There’s no giving up because God has always been my protector and defender. He will never let me down. He has always fought my battles and will continue fighting for me to get justice.”
