Director of Public Prosecutions Noordin Haji has appealed the acquittal of former Nairobi governor Mike Sonko in Sh25 million corruption case.
Haji says in the appeal filed before the High Court that chief magistrate Douglas Ogoti relied on technicalities to acquit Mr Sonko and other accused persons instead of delivering substantive justice.
Mr Sonko was facing the charges together with Anthony Otieno Ombok alias Jamal and ROG Security ltd but were acquitted by the trial magistrate because the charge sheet presented was defective.
The former city governor was accused of embezzling funds from the county government by awarding dubious contracts. The money was allegedly wired back to his accounts and deposited in various parts of the country, on different dates.
The charges against them included money laundering, conflict of interest, abuse of office, acquisition of public funds and conspiracy to commit an economic crime.
Mr Sonko was accused of corruptly receiving more than Sh25 million, through proxies. The DPP says in the appeal that the trial magistrate was wrong by holding that the charge sheet was defective yet he amended it and the accused persons pleaded afresh on September 7, 2020.
“That the learned honourable trial magistrate erred in law and fact by disregarding the evidence on record and failing to make a finding whether or not the prosecution had established a prima facie case against the respondents,” Mr Haji said.
The DPP through senior assistant DPP Christine Nanjala says the court placed a heavy premium on the submissions made by the defence team.
