Former Nairobi Governor Mike Sonko has suffered a major setback after the High Court overturned his acquittal in a Ksh 20 million graft case.
Justice Nixon Sifuna ruled on Wednesday that the case would be retried, signaling a new chapter in the long-running legal battle.
The decision comes after Sonko and his co-accused, businessman Antony Ombok, were acquitted in December 2022 by Magistrate Douglas Ogoti.
At the time, Magistrate Ogoti dismissed the case citing insufficient evidence, a ruling that has now been invalidated.
Justice Sifuna directed that the retrial be conducted by a different magistrate and emphasized the need for a fresh assessment of the evidence.
“This case shall be retried by another magistrate, who shall start by making a fresh ruling based on the evidence on record,” he said.
The judge further criticized Magistrate Ogoti for failing to provide detailed findings on each of the 13 charges in the case.
“The ruling falls flat on its tummy. Each count and the corresponding evidence must be considered individually, and conclusions must be specific.
A general finding is not sufficient,” Justice Sifuna stated.
The Office of the Director of Public Prosecutions (DPP) had appealed the acquittal, arguing that the lower court’s judgment was flawed.
The DPP contended that Magistrate Ogoti relied on an outdated charge sheet from January 2020, disregarding an updated version filed in September 2020.
Senior Assistant DPP Christine Nanjala argued in the appeal that the magistrate failed to analyze the testimony of 19 prosecution witnesses and neglected to make specific findings on multiple counts.
“The learned trial magistrate erred in law and fact by failing to address counts 4, 9, 10, 11, 12, and 13 as per the amended charge sheet,” the DPP noted.
The appeal also criticized the magistrate for dismissing the charges as defective despite having admitted the updated charge sheet into the record.
The DPP’s appeal sought to quash the acquittal and have Sonko and Ombok placed on their defense.
The retrial will now proceed under new judicial oversight, leaving Sonko and his legal team bracing for another battle in court.
