The High Court has overturned the acquittal of former Nairobi Governor Mike Sonko in Ksh357m graft case.
Justice Nixon Sifuna, who presided over the case in the High Court, determined that the magistrate Douglas Ogoti, who made a ruling on Sonko’s case alongside his co-accused Anthony Ombok, and ROG Security Ltd made an error by relying on an amended charge sheet.
“That charge sheet became spent and as dead as a dodo. It could not be relied on,” Justice Sifuna said.
Following the error, Justice Sifuna directed that the matter be retried by another Magistrate.
Justice Nixon Korir directs Sonko case to be tried by another magistrate
“This case shall be retried by another Magistrate who shall start by making a fresh ruling on the basis of the evidence on the record,” Justice Sifuna directed.
The judge also pointed out that Magistrate Ogoti made a legal mistake by acquitting Sonko and his co-defendants in the case.
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“The said ruling falls flat in its tummy. In arriving at a ruling on whether the Director of Public Prosecutions (DPP) had made a prima facie case, each count and evidence ought to be considered, and a conclusion given the finding can’t be in a general manner,” Sifuna said.
Justice Sifuna’s decision comes after the Office of the Director of Public Prosecutions filed an appeal after the Magistrate Ogoti threw out Sonko’s case in December 2022, citing a lack of evidence.
DPP appeals against Magistrate Ogoti’s ruling
The DPP had appealed, arguing that the trial Magistrate had used an outdated charge sheet and did not address the specific evidence for each count in the case.
“The Learned Trial Magistrate erred in law and fact by failing to make a finding on each and every count as per the amended charge sheet of 7th September, 2020.
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The Learned Honourable Trial Magistrate erred in law and fact by failing to make a finding on Count No. 4, 9, 10, 11, 12 and 13 as per the amended charge sheet of 7th September, 2020,” said the Senior Assistant DPP Christine Nanjala then who argued on behalf of the DPP.
The DPP now seeks for the case to proceed under the amended charge sheet.
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