Former Nairobi Governor Mike Sonko and 16 others were Wednesday acquitted in a case relating to misappropriation of funds amounting to Sh357 million belonging to the Nairobi County Government.
Milimani Magistrate Eunice Nyutu acquitted the group saying no evidence has been adduced by the prosecution to show they conspired to embezzlement the said funds.
She said the evidence at the close of the prosecution case was weak and could not be relied on to convict.
“The prosecution only managed to call six witnesses before they bungled up their case,” said Nyutu.
The case has been in court since 2019 but the prosecution managed to call only six witnesses with the prime one testifying for more than a year.
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However, due to the COVID-19 pandemic, the trial took off in 2021.
The Magistrate expressed her frustrations brought about by the DPP who she said has on a number of times sought an adjournment in the case.
“It’s tragic that a prosecution can lose sight of a case. The conduct by prosecution in this case reeks of neglect of duty,” she said.
She took issue with the prosecution for failing to conduct the case in a manner that promotes public interest and public good.
She said Parliament ought to develop regulations to make prosecutors accountable for how they conduct public cases and hold them accountable for negligence.
The case has been proceeding under camera owing to the majority of the witnesses who were under protection.
Sonko expressed his joy following the developments.
Sonko was the governor between 2017 and 2022.
