In an unexpected turn of events, former Nairobi Governor Mike Sonko, who is facing corruption charges linked to a Sh20 million revenue collection tender, has vowed to take an unconventional route in his defence.
In a bold statement in court on Friday January 10,2025, Sonko announced he will be calling four DCI officers as part of his defence team and intends to play both audio and video recordings during the hearing to prove his innocence.
The drama unfolded when Milimani Chief Magistrate Ondieki ruled that Sonko and his co-accused, businessman Antony Ombok Jamal, had a case to answer in the corruption case, following a thorough review of the evidence presented by the prosecution.
Sonko and Ombok, the proprietor of ROG Security Company, were accused of abusing office, conflict of interest, money laundering, and acquiring proceeds of crime in relation to a fraudulent tender for the 2019 Nairobi County revenue collection contract.
The Prosecution’s Case: “A Prima Facie Case”
The prosecution presented compelling evidence, including financial records and testimonies from 19 witnesses, all pointing to Sonko’s alleged involvement in a corrupt scheme.
They argued that Sonko used his position as governor to facilitate the payment of Sh20 million from Webtribe Limited, a company awarded the tender for the county’s revenue collection, to facilitate corrupt transactions.
In his ruling, Magistrate Ondieki remarked, “The court is unable to find the charges defective on account of ambiguity.”
He emphasized that the evidence on record was substantial enough to establish a prima facie case against the accused, particularly on the charges of abuse of office.
As such, both Sonko and Ombok were called upon to mount a defence. “Having presented a prima facie case against count 2 of abuse of office against Sonko, he is called upon to defend himself,” Ondieki ruled.
However, not all charges stood. The magistrate acquitted Sonko and Ombok of two conspiracy charges, stating that they were duplications arising from the same transaction.
“Having failed to present a prima facie case in support of conspiracy to commit an offence of corruption charges, these counts are hereby dismissed,” said Ondieki.
The Retrying of the Case: Justice Sifuna’s Intervention
The Sh20 million graft case has been through a tumultuous legal journey. In 2022, Milimani Chief Magistrate Douglas Ogoti had acquitted Sonko of the charges, citing defects in the charge sheet.
However, the Director of Public Prosecutions (DPP) challenged this ruling, leading to a retrial order from Justice Nixon Sifuna in December 2024.
Justice Sifuna found that Ogoti had erred in relying on the original charge sheet instead of the amended one and subsequently reinstated the case for retrial.
The retrial proceeded with Magistrate Ondieki, who, in addition to the charges of abuse of office, directed Sonko, Ombok, and his company to provide a defence against charges of money laundering and acquisition of proceeds of crime amounting to Sh20 million.
The money, allegedly extorted from Webtribe Limited, is claimed to have been funneled through an Equity Bank account to conceal its illicit origin.
Sonko’s Defence: “I Will Call Four DCI Officers”
In a dramatic twist, Sonko’s defence lawyer, Assa Nyakundi, revealed that Sonko plans to call four DCI officers as witnesses.
These officers had testified in camera during the prosecution’s case and were initially protected witnesses.
“Sonko intends to call a total of 15 witnesses. Among them are four DCI officers who were protected witnesses. The defence will also present audio and video recordings to exonerate him from the case,” Nyakundi confirmed.
Sonko’s legal team is confident that the videos and audio recordings will show that the charges against him are baseless.
Nyakundi added, “We will present evidence that will prove Sonko’s innocence, including key footage that will demonstrate the charges are outrageous and fabricated.”
Sonko himself is reportedly eager to clear his name and showcase the true nature of the case.
He insists that the prosecution’s case is full of contradictions, and the evidence will prove that he was unfairly targeted.
DPP’s Response: Witnesses and Further Objections
The prosecution, however, remains vigilant. State counsel Wisley Nyamache expressed concerns over the defence’s plan to summon protected witnesses and called for consultations with the EACC (Ethics and Anti-Corruption Commission) and the Witness Protection Agency.
Nyamache also urged the court to compel Sonko’s defence to provide more specific details regarding the witnesses they intend to call.
Nyamache stated, “We seek to consult with the relevant agencies before any steps are taken to summon these witnesses. The defence must also disclose the particulars of the witnesses they intend to call to ensure the protection of their identities.”
The magistrate, while noting the concerns raised, directed Sonko’s lawyer to file a formal application if he wishes to recall any witnesses from the prosecution’s side for cross-examination during the defence.
Ondieki also emphasized the need for the defence to adhere to the rules of procedure, particularly regarding the identities of the protected witnesses.
Looking Ahead: May 2025 Defence Hearing
The courtroom drama is far from over. Magistrate Ondieki has set the stage for a continuous, day-to-day hearing of the case starting from May 15, 2025.
This gives both parties ample time to prepare for the long-awaited defence phase.
