West Mugirango MP Steve Mogaka has testified in the ongoing Sh 20 million corruption case against former Nairobi Governor Mike Sonko, stating that Sonko used his personal funds to purchase a parcel of land in Machakos County.
Appearing before Milimani Anti-Corruption Principal Magistrate Charles Ondieki, Mogaka a lawyer by profession, told the court that a land sale agreement worth Sh34 million was executed in his law office between Sonko and Arbab Auto Limited on March 13, 2017.
“I confirm that the agreement was drawn in my office on March 12, 2024, and signed on March 13, 2017,” Mogaka testified. “It was between Mike Sonko and Arbab Auto Limited for land known as Machakos Town Block 3/3101.”
Mogaka who testified in the case as Sonko first defence witness, further stated that the purchase involved a tax payment of Sh1 million.
According to the Office of the Director of Public Prosecutions (ODPP), Sh20 million was allegedly lost from Nairobi County during Sonko’s tenure as governor, which is the basis of the charges.
However, Mogaka maintained that the money used in the land transaction came directly from Sonko’s personal funds.
“Sonko used his own money to purchase the land,” Mogaka said during examination-in-chief led by Sonko’s lawyer, Assa Nyakundi.
The MP further explained that although the property title was initially registered under a person identified as Cleophas Mairu, completion documents were drawn in Sonko’s name.
“The subject property was in the name of Chlophas Mairu, but we had the title documents and completion documents in Sonko’s name. That is why the agreement was drawn with him as the purchaser,” he explained.
During cross-examination by state counsel Alex Akula, Mogaka was asked to confirm the extent of his role in the transaction.
Akula: “Confirm to the court, you only did the agreement for sale?”
Mogaka: “Yes.”
Akula: “You have not stated who came from the company to sign on the documents.”
Mogaka: “The company director and a clerk.”
Akula: “Are you the one who paid for registration of the agreement?”
Mogaka: “No, it was the purchaser’s clerks. It is the purchaser who did.”
The agreement presented in court outlines that Sonko was the vendor selling land to Arbab Auto Limited.
It states that a Sh1 million cash payment was made at the time of signing, with the balance of Sh33 million to be paid in installments before development commenced.
“The Vendor shall sell and the Purchaser shall purchase the said parcel of land known as Machakos Town Block 3/3101 at a purchase price of Sh 34 million,” the agreement reads in part
“At execution of this agreement the Sh 1 Million has been paid to the Vendor by the Purchaser in cash which the Vendor acknowledges receipt thereof.”
