The High Court has overturned former Nairobi Governor Mike Sonko’s acquittal in a KSh 25 million graft case almost two years ago.
In a ruling that has dealt Sonko a major blow, Justice Nixon Sifuna said the trial magistrate Douglas Ogoti erred in dropping the case after relying solely on a charge sheet that was amended by the Director of Public Prosecutions (DDP).
Ogoti acquitted Sonko on December 21, 2022, after ruling that the prosecution’s charge sheet was defective.
“Therefore, the learned trial magistrate fell into grave error when he relied on a charge sheet that was amended in arriving at his decision. This is akin to using a wrong marking scheme to mark an exam. On this alone, the said ruling falls flat,” ruled Sifuna.
The former governor was discharged alongside ROG Security Ltd’s Anthony Otieno Ombok, alias Jamal.
After overturning the acquittal, Sifuna directed Sonko and Ombok to appear before the Milimani anti-corruption court on Monday, December 16 for directions.