In a major legal setback for former Nairobi Governor Mike Sonko, the High Court has ordered the retrial of his corruption case involving Sh24 million. Justice Nixon Sifuna ruled that the case, which was previously acquitted by Magistrate Douglas Ogoti in 2022, will now be heard by a new magistrate.
Sifuna emphasized that the new magistrate must make a fresh ruling based on the existing evidence, determining whether the accused have a case to answer. This decision must be made within 30 days.
Sonko, alongside Anthony Ombok and ROG Security Ltd, had been accused of embezzling county funds by awarding fraudulent contracts. Despite 19 witnesses testifying, Ogoti had acquitted them, citing a defective charge sheet.
However, the Director of Public Prosecutions (DPP) appealed, arguing that Ogoti's judgment failed to properly assess the evidence and improperly relied on an outdated charge sheet. Sifuna agreed, stating that using the old charge sheet was a "grave error," comparing it to using the wrong exam marking scheme.
With the DPP’s appeal now successful, the High Court has set aside Ogoti’s decision and ordered the retrial to proceed.
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