Director of Public Prosecutions Noordin Haji has moved to the High Court where he is seeking to have the acquittal of former Nairobi Governor Mike Sonko in an Sh20 million graft case quashed.
In an application filed before the Anti-Corruption and Economic Crimes Division Court, Senior Assistant DPP Christine Nanjala challenged the decision by Milimani Chief Magistrate Douglas Ogoti saying he erred in law and fact by failing to analyze the evidence adduced by the 19 prosecution witnesses.
She contended that the December 21 ruling did not comply with Section 169 of the Criminal Procedure Code, Cap 75 which requires that in the case of an acquittal, the judgment shall state the offense of which the accused person is acquitted, and shall direct that he be set at liberty.
“The Appellant prays that its Appeal be allowed; the order of Acquittal of the Respondents be quashed in its entirety and further, this Honourable Court to return a finding that the Appellant had made out a prima facie cases requiring the Respondents to be placed on their defence with respect to all the counts in the charge sheet filed in court on 7th September 2022 under Section 211 of the Criminal Procedure Code, Chapter 75 Laws of Kenya,” read Nanjala’s appeal document.
Nanjala went on to state that Ogoti ignored substituted charges and arrived at his erroneous decision by relying on technicalities and not subjective justice.
“The Learned Trial Magistrate erred in law and fact by grossly misdirecting himself in applying the provisions of Section 210 of the Criminal Procedure Code, Cap 75 Laws of Kenya, so mechanically and against the public interest in the ruling delivered on 21st December 2022,” Nanjala said in the appeal.
Cheif Magistrate Ogoti last month acquitted Sonko and his co-accused businessman Antony Ombok, of 13 charges citing lack of evidence.
But the office of the DPP has long held that the Chief Magistrate confined himself to old charges and other ‘extraneous reasons’ as a basis for acquitting Sonko and his co-accused.
