Former Nairobi Governor Mike Sonko is set to challenge the High Court decision on Wednesday setting aside his acquittal in a Ksh.20 million graft case.
Sonko, in a statement posted on social media following the Justice Nixon Sifuna ruling, said he had since instructed his legal team to head to the Court of Appeal to contest the judgment.
“As a law-abiding citizen who holds the judiciary in high regard and respects all judicial decisions, I have instructed my legal team to immediately file an appeal against today’s ruling at the Court of Appeal,” he wrote.
“There’s no giving up coz God has always been my protector and defender. He will never let me down. He has always fought my battles and will continue fighting for me to get justice.”
Magistrate Douglas 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.
High Court Judge Nixon Sifuna, in his ruling on Wednesday, however directed that the matter be retried by another Magistrate.
“This case shall be retried by another Magistrate who shall start by making a fresh ruling on the basis of the evidence on the record,” ruled Justice Sifuna.
The judge further noted that Magistrate Ogoti erred in law when he acquitted Sonko and others in the case.
“The said ruling falls flat in its tummy….In arriving at a ruling on whether the Director of Public Prosecutions (DPP) had made a prima facie case, each count and evidence ought to be considered and a conclusion given…the finding can’t be in a general manner,” Sifuna noted.
The Office of the DPP in 2022 filed an appeal challenging Sonko’s acquittal saying the magistrate, in making the judgment, 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.
