Former Nairobi Governor Mike Sonko has announced plans to appeal a recent court ruling that overturned his previous acquittal in a Sh357 million corruption case.
This decision, made by Justice Nixon Sifuna on Wednesday, has reignited the legal battles faced by Sonko who expressed his intention to challenge the ruling in a statement released the same day. Acknowledging the decision, Sonko affirms his commitment to the legal process, stating, “As a law-abiding citizen who holds the judiciary in high regard and respects all judicial decisions, I have instructed my legal team to immediately file an appeal against today’s ruling at the Court of Appeal.”
The controversy centers on Justice Sifuna’s disapproval of the trial magistrate’s reliance on an amended charge sheet, which he deemed a significant procedural error. This ruling quashed the prior acquittal delivered by Trial Magistrate Douglas Ogoti on December 21, 2022, who had dismissed the charges based on insufficient evidence and flaws in the prosecution’s documentation.
Justice Sifuna likened the reliance on an amended charge sheet to “using the wrong marking scheme to mark an exam,” asserting that such a mistake fundamentally undermines the acquittal’s validity. The appeal by the Director of Public Prosecutions (DPP) referenced Magistrate Ogoti’s failure to adequately assess the evidence presented by 19 prosecution witnesses, prompting this latest legal challenge.
In response to the ruling, Sonko conveys his faith in divine justice via social media, saying, “There’s no giving up because God has always been my protector and defender. He will never let me down. He has always fought my battles and will continue fighting for me to get justice.”
Justice Sifuna has instructed Sonko and the other accused parties to return to court on Monday, December 16, for further directives. The newly assigned magistrate will determine within 30 days whether sufficient evidence exists for the case to proceed. This recent development adds another chapter to the ongoing legal issues confronting Sonko, who has been implicated in multiple corruption allegations during his term as Nairobi County governor.
