The Anti-Corruption Court has summoned a retired magistrate, a Member of Parliament, and six senior police officers to testify in the Sh20 million corruption case against former Nairobi Governor Mike Mbuvi Sonko.  

Milimani Chief Magistrate Charles Ondieki on Thursday issued summons compelling eleven witnesses to appear in court in July as part of Sonko’s defense case.

The case revolves around a controversial 2019 revenue collection tender awarded during Sonko’s tenure.

It also implicates businessman Antony Ombok Jamal, the proprietor of ROG Security Company, and the company itself.

The summons followed a ruling earlier this year in which the court determined that the prosecution had established a prima facie case against the accused, warranting them to put up a defence.

“This Honourable Court issues summons to the following witnesses to attend court and testify on behalf of the 1st Accused Person (Sonko),” Magistrate Ondieki ordered.

In his directive, Magistrate Ondieki ordered the appearance of eleven individuals, including Chief Inspector Kiptoo Kissorio of the DCI in Holugho Sub-county, Garissa.

Police Constable Dennis Ogega Nyakina of the DCI in Kitui, Chief Inspector Ambrose Rono Kiprotich from the RDU in Embakasi and retired Senior Principal Magistrate Henry Nyakweba have also been summoned.

Others are Otieno Ojowi of the Ethics and Anti-Corruption Commission and former Health Cabinet Secretary and ex-Ambassador to Geneva, Cleophas Mailu.

Also summoned are West Mugirango MP and advocate Stephen Mogaka; former Nairobi Land Registrar Edward Munoko Wafula; Chief Inspector Okemwa and Nicholas Ole Sena, both from the DCI headquarters on Kiambu Road; as well as former Bunge la Wanainchi president, Henry Shitanda.

The court also directed various Officers Commanding Stations (OCS) in Garissa, Kitui, RDU Embakasi, and DCI Headquarters to ensure service of the summons.

Additionally, the OCS Mtwapa Police Station has been ordered to produce an extract from the Occurrence Book (OB No. 35 of January 10, 2019) and statements by Chief Inspector Kissorio from February 2 and March 2019.
 
Further, the Executive Officer of the Mombasa Magistrates Court was instructed to produce the charge sheet in Anti-Corruption Case No. 10 of 2018.

The DCI’s forensic department was also ordered to provide a transcript of an audio recording involving the complainant and Sonko.

The directives came after Sonko filed an application seeking an adjournment to allow for the summoning of the witnesses before he could present his defence.

Sonko’s defence, led by lawyer Assa Nyakundi, urged the court to postpone the hearing to enable proper preparation.
 
“The intended witnesses are not hostile and have voluntarily agreed to testify but require formal court summons to secure their attendance,” noted the application, which was supported by an affidavit sworn by Sonko.

“It is in the interest of justice that the said witnesses be summoned to testify before this Honourable Court. Their testimony is crucial to the fair presentation of the 1st Accused Person’s defence (Sonko),” the affidavit further stated.

The defence emphasised that summoning these witnesses would not prejudice the prosecution and is necessary for a just resolution of the case.

Sonko is expected to begin presenting his defence from July 16 to 31, on a day-to-day basis.

In February, the court ruled that the Office of the Director of Public Prosecutions had presented sufficient evidence to require a response from Sonko and his co-accused, Ombok.

The two face several charges, including abuse of office, conflict of interest, money laundering, and acquisition of proceeds of crime.

Ombok, through his firm ROG Security Company, allegedly facilitated the transfer of Sh20 million, money said to have been extorted from Webtribe Limited, a firm contracted for Nairobi’s revenue collection in 2019.

According to the prosecution, Sonko used his position as Nairobi Governor to facilitate these payments, while Ombok played a key role in transferring and concealing the funds over four transactions.

Evidence presented by the prosecution included testimony from 19 witnesses and financial documents linking the accused to the fraudulent transactions.

Magistrate Ondieki directed that Ombok and his company mount a defence to four specific charges concerning the receipt of Sh20 million through an Equity Bank account.

The funds, the court heard, were received in four tranches between January 14 and April 30, 2019, as alleged proceeds from the revenue collection contract.

“This money was not just obtained illegally, it was laundered and concealed through a deliberate scheme involving the county administration and private contractors,” said state counsel Wesley Nyamache during an earlier session.