DPP Haji appeals ex-Governor Sonko's acquittal in Ksh.20M graft case

Director of Public Prosecutions (DPP) Noordin Haji has filed an appeal challenging a decision by Magistrate Douglas Ogoti to acquit former Nairobi Governor Mike Sonko in a Ksh.20 million graft case.

Magistrate Ogoti on December 21, 2022 threw out the case and acquitted Sonko and his co-accused, businessman Antony Ombok, of 13 charges over lack of evidence.

DPP Haji however says that the magistrate, in making the judgement, relied on an old charge sheet that was filed in January 27, 2020 and disregarded the substituted one filed on September 7, 2020.

According to the DPP, Magistrate Ogoti hence erred in law by declaring that the charges were defective despite having admitted the amended charge sheet.

“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,” the DPP argued in his appeal, as submitted by Senior Assistant DPP Christine Nanjala.

“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.”

The appeal added: “The Learned Honourable Trial Magistrate erred both in law and fact by failing to analyze the evidence adduced by the 19 prosecution witnesses thereby arriving at an erroneous finding.”

DPP Haji now wants the Court of Appeal to quash the lower court’s decision and put Sonko and others on their defence as per the amended charge sheet.