Mike Sonko’s case against EACC fails again

Written By: Ben Chumba/Ben Troy Njue
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Blow for Nairobi Governor Mike Sonko as Ksh 357 million graft case to proceed

An urgent application lodged by Nairobi Governor Mike Sonko against the Ethics and Anti-Corruption Commission and it’s director of investigations failed to be heard for the third time on Thursday.

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The matter was to be heard before Justice John Onyiego in the morning, but parties were moved to Lady Justice Mumbi Ngugi’s court, however, the matter could not proceed as Justice Mumbi was bereaved.

Through his lawyer Cecil Miller, Governor Sonko also wants the EACC Director of Investigations Abdi Mohamud to step aside to pave way for his investigations in relation to allegations of corruption and economic crimes levelled against him in the petition in accordance with the provisions of the law.

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Justice John Onyiego directed parties to respond to an amended Notice of motion and Certificate of Urgency filed by lawyer Miller on behalf of Sonko.

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In the suit, Sonko accuses  EACC and Mohamud of discrimination and open bias in the conduct of their investigation.

Parties are now required to file and serve their responses to the amended application by the close of business on Monday 2nd December.

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Elsewhere, Sirisia Member of Parliament John Walukhe got a reprieve after the anti-corruption court declined an application by the prosecution to introduce new evidence in the Ksh 297 million maize fraud case.

In a ruling by Magistrate Elizabeth Juma the court said the application by the state to introduce new witness in the case lack merit and if allowed will reopen the investigations.

The court instead faulted the prosecution for failing to record any statement from the intended witness at the start of the case if at all it required the input of the witness in the case.

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The parties in the case have been given 14 days to make their submissions ahead of the hearing of the case on 15th Jan 2019.

Finally, a man was charged with four counts of forging documents for a 2-acre piece of land valued at Ksh 70 million.

Patrick Ndichu Mbugua denied the charge before Senior Principal Magistrate Stella Atamboi and was released on a cash bail of Ksh 5 million.

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