BY SAM ALFAN.
Former Nairobi Governor Mike Sonko shed a tear on Wednesday after a Nairobi court acquitted him of corruption charges stating that the charge sheet was defective.
Anti-corruption Chief Magistrate Douglas Ogoti (currently based in Embu) acquited Sonko, who was accused of corruptly receiving in Sh20 million for tenders awarded during his tenure as the Nairobi county boss.
“I found that the prosecution did not adduced sufficient evidence to cause conviction against Sonko,” said Ogoti
The trial magistrate held that the charge brought against Sonko was defective.
“I do hence find that the charges as drawn are fatally defective in want of substance. The Prosecution failed to establish a prima-facie case against all accused and they are acquitted under section 210 criminal Procedure Code,” ruled Ogoti.
The court agreed with the defence lawyers John Khaminwa and Assa Nyakundi that the charges brought against Sonko and his co-accused could not cause conviction.
Magistrate Ogoti said framing of charges requires clarity in the charge sheet as stated in section 134 of criminal Procedure Code. However, looking at the excepts from the charges as cited above, there was no evidence supporting the fact the Governor of Nairobi city county was a private limited company and its director.
“There was no evidence that the Governor of Nairobi city county was a public body in relation to count 3 and 4 . Further in the same counts , there was no evidence to support the fact that the contract was a public body,” added Ogoti.
The magistrate further observed that there is manner in which charges are drawn to bring out the facts clearly and these are the facts that ought to be brought out in the evidence.
” If the facts in the charge sheet are wrongly brought or brought stated this goes into the roots of the substance of the charges. It is the substance that will lead a court to making a finding on the merits of the case. In counts 1,2,3,5,6,7 and the facts do not bring out who among the accused was the Governor,the director of the limited company and the company itself. This is alongside with observations in count 3 and 4 the charges incurably defective,” observed Ogoti.
Trial magistrate Ogoti the defects have been brought out at the earliest opportunity. Evidently the manner in which the charges are drawn causes confusion to the trial.
“Due to this, the evidence led was discredited when compared to the substance in the charges. It did not only cause confusion to the court but also to all parties and this act of commission is apparently fatal to the Prosecution’s case. I Will not hesitate to add that whatever the evidence if a charge is fatally defective in w as NT of substance, it affects the whole trial,” ruled Ogoti.
The charges included conspiracy to defraud, abuse of office and money laundering.
Magistrate Ogoti directed the cash bail he had deposited in court in 2019 together with his passport be returned Sonko.
Sonko was arrested in Voi in 2019 in a dramatic chase involving more 100 police officers and flown to Nairobi where he was charged.
Sonko later accused unnamed persons who he said wanted to control Nairobi County brought the corruption charges against him.
