Former Nairobi governor Mike Mbuvi Sonko has been acquitted in a Ksh357 million graft case related to alleged misappropriation of funds at the Nairobi County Government.
In the February 7,2024 ruling, the Milimani Anti-Corruption Court acquitted the former governor of the charges, citing inadequate evidence.
Milimani Magistrate Eunice Nyutu held that no evidence has been adduced by the prosecution to show they conspired to embezzle the said funds.
“After carefully considering the testimony of six witnesses, the evidence adduced is inadequate to sustain the charges levelled against the accused persons,” Nyutu said.
Sonko had been charged alongside 16 others for conflict of interest and allegations relating to a joint conspiracy between the former governor and directors of private limited companies to embezzle the funds.
Case against Sonko
The former governor’s case has been in court since 2019 but due to the Covid-19 pandemic, the trial took off in 2021.
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Additionally, the prosecution managed to call only six witnesses with the prime one testifying for more than a year.
In her ruling, the Magistrate expressed her frustrations brought about by the Director of Public Prosecutions (DPP).
According to her, the DPP has on several times sought an adjournment in the case.
“It’s tragic that a prosecution can lose sight of a case. The conduct by prosecution in this case reeks of neglect of duty,” she said.
Due to the nature of the case, majority of the witnesses were under protection prompting it to proceed under camera.
Kenya Revenue Authority (KRA) Board Chairperson Anthony Mwaura was also acquitted in the case.
Graft cases
Sonko’s case was among a list of graft cases listed by the Ethics and Anti-Corruption Commission set for prosecution and recovery of corruptly acquired assets.
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Former Samburu governor Moses Leno Kulal Kasaine is also set to appear before the Anti-corruption court on February 8, 2024.
The former county boss is facing charges of conspiracy to commit an offence of corruption, abuse of office and conflict of interest alongside 13 others.
EACC noted that the allegations relate to the unlawful payment of Ksh84.8 million for fuel.
The fuel was supplied to the County Government of Samburu during Kasaine’s tenure by a private enterprise.
Also, EACC listed former National Lands Commission (NLC) chairman Mohammed Swazuri National Lands and 16 others among those facing graft related cases.
They are charged with abuse of office, with the allegations relating to the loss of Ksh221.4 million belonging to Kenya Railways Corporation.
