Former Nairobi governor Mike Mbuvi Sonko and 16 others have been acquitted of the Sh357million belonging to the Nairobi county government.
Trial Magistrate Eunice Nyutu acquitted Sonko and sixteen others on the ground that there was no evidence presented before the court by the prosecution to show that they were involved in the embezzlement of the funds.
“After carefully considering the testimony of six witnesses, the evidence adduced is inadequate to sustain the charges leveled against the accused persons.” She ruled.
The court stated that the evidence provided by the prosecution was weak and could not be relied upon to convict the seventeen.
“The prosecution only managed to call six witnesses before they bungled up their case.” Nyutu stated.
In the case which started in 2019, the prosecution only managed to call six witnesses with the prime suspect testifying for over a year.
Nyutu expressed her frustrations with the Director of Public Prosecutions (DPP) which she says led to the adjournment of the case on several instances.
“It’s tragic that a prosecution can lose sight of a case. The conduct by prosecution in this case reeks of neglect of duty.” She said.
She took issues with the prosecution for failing to conduct the case in a manner that promotes public interest and public good.
To cure this defect, the Magistrate said the parliament ought to develop regulations to make prosecutors accountable for how they conduct public cases and hold them accountable for negligence.
The case has been proceeding under camera owing to the majority of the witnesses who were under protection.