DPP skips court hearing in Mike Sonko’s Ksh.357M graft case

The Office of the Director of Public Prosecutions (ODPP) on Thursday failed to show up in court for the hearing of the Ksh.357 million graft case against former Nairobi Governor Mike Sonko and his co-accused persons.

No explanation was given to the trial Magistrate Eunice Nyutu as to why the prosecution failed to appear in court to prosecute the case.

Early this month, the court declined to grant an adjournment of the hearing of the case.

The ODPP reportedly sought to have the hearing of the case postponed pending the determination of their application dated November 3, 2023, in which they are seeking to withdraw the case against four accused persons, namely; Hardy Enterprises Limited, Toddy Civil Engineering Limited, Antony Mwaura and Rose Njeri.

The defence lawyers asked the court to terminate the case against Sonko and his co-accused persons under 204 of the Criminal Procedure Code (CPC) for the failure of the complainant (the ODPP) to appear in court.

"Since the complainant is absent this means there is no case against our client Sonko…we urge you to discharge the accused herein,” the court was told

However, the Magistrate declined to terminate the case against Sonko and the others.

“The conduct of the DPP is wanting. It is unfortunate that the DPP has chosen to get an adjournment through sheer arm twisting of the court,” the Magistrate said.

The court cited Article 160 of the Constitution which states that in the exercise of judicial authority, the Judiciary as constituted under Article 161 shall be subject to the Constitution and the law and shall not be subject to the control or direction of any other person or authority.

The court adjourned the case on condition that the ruling be placed before the National Council for Administration of Justice for dialogue on the conduct of the prosecution in the case and others.

In the case, Sonko alongside 16 others, among them private liability companies, are accused of embezzling public funds to the tune of Ksh.357 million from Nairobi County.