High Court judge John Onyiego has denied Nairobi Governor Mike Sonko anticipatory bail.
Sonko, through his lawyer Cecil Miller Jr, had moved to court in the afternoon seeking his Friday morning arrest over graft charges overruled.
The governor, who is accused of misappropriating the taxpayers’ Ksh357 million, will, consequently, spend the weekend in police cell, awaiting his arraignment on Monday, December 9.
While rejecting Sonko’s application, Justice Onyiego said he wanted the Director of Public Prosecutions (DPP), Noordin Haji, to respond to the governor’s claim that his rights were violated by EACC officials during his Friday arrest.
The judge ordered that the DPP be served with the application by Monday 8am. The matter will be heard at 9am on the same day, said Justice Onyiego.
The judge further observed that anticipatory bail cannot be issued to anyone facing arrest, because lawful detention is allowed by the supreme law.
Sonko was arrested Friday mid-morning on a roadblock in Voi, Taita Taveta, County.
Besides the county chief, other City Hall officials expected to be arrested and charged in court over corruption allegations include: Secretary Peter Mbugua, members of the tender committee Patrick Mwangangi, Samuel Ndung’u, Edwin Kariuki, Lawrence Mwangi, Preston Miriti among others.
DPP Noordin Haji said Sonko and the mentioned officials will face charges of conspiracy to commit economic crime, willful failure to comply with the law and conflict of interest.
Haji further said the anti-graft agency, EACC, commenced investigations into the alleged crimes in October 2019, and sufficient evidence was gathered to sustain the suspects’ prosecution.