Ex-Nairobi governor Sonko to be put on defence in graft case

Former Nairobi governor Gideon Mbuvi Sonko has been found with a case to answer in the 20 million graft case which was dismissed and revived later by the High Court.

The former Nairobi county boss jointly with Antony Ambok alias Jamal were found having a case to answer in different counts and they will be put in to their defence in bid to defend themselves in reference to the counts.

This comes after Justice Nixon Sifuna of the Anti-Corruption High Court found that the trial magistrate, Douglas Ogoti made a serious error by relying on an outdated charge sheet when dismissing the case against Sonko and businessman Ombok.

While making the ruling on the matter, the Milimani Anti-Corruption magistrate Charles Ondieki said that after the review of the charges in the charge sheet, Sonko was acquitted in two counts,

“In the first and eighth counts the first accused person has no case to answer and I hereby acquit him under section 210 of the constitution,” Ondieki said.

The magistrate further directed that Sonko will be put in his defence in other respective counts which he has found him with a case to answer.

In the first count which he was acquitted, he was charged with conspiracy to commit an offence of corruption contrary to Section 43 (A) read together with 48 of the Anti-Corruption and economic crimes.

Jointly with Ambok, they were charged that on about January 10 and 19, 2019 in Nairobi County within the republic of Kenya, being the governor of Nairobi City County government, a private limited company and its director jointly and knowingly conspired to commit an offence of corruption, namely abuse of office by extorting Sh 10 million.

The said purported money was received as an inducement to facilitate payments to Web Tribe Limited by Nairobi City County government and thereby improperly conferring a benefit on the governor and Antony Ambok through ROG Security Limited.

He was further acquitted in the charge of conspiracy to commit an offence of corruption jointly with ROG Security Limited and its director the count which the magistrate referred it as similar to count one but were indexed separately.

Assa Nyakundi the defence lawyer representing Sonko told the court that they need enough time for the defence to prepare stating that they will call a total of 15 witnesses four of them being police officers from the Directorate of Criminal Investigations DCI Headquarters,

“Your honour we have 15 witnesses who we will call for defence four of them being police officers from the DCI,” Nyakundi told the magistrate.

He prayed to have eight days for their witnesses to appear in court to testify some of whom have already testified.

Nyakundi said that their defence will involve playing of videos and audios they have.

Nyakundi further told the court that three of the witnesses are very crucial and they will make application before the court to issue orders calling them to appear in court.

He intended to write a letter to the DPP in order the three to be ordered to appear but the magistrate advised him to submit orally that the prosecution will respond.

His co-accused, Ambok and his company ROG Security Limited through his lawyer Pendo Atikunda told the magistrate that they will call a maximum of five witnesses on their defence,

“Your honour we will call a maximum of five witnesses on our defence hence I will pray for enough time to prepare,” Atikunda submitted.

State counsel Wesley Nyamache did not oppose the applications by the defence regarding the number of witnesses to be called.

He said that the accused have the right to call anybody they wish as  witnesses.