The Lower Eastern Times Opening The Third Eye
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Former Nairobi Governor Mike Mbuvi Sonko has secured a major victory after the High Court lifted orders freezing Ksh.574 million in his bank accounts.
Justice Nixon Sifuna dismissed a suit by the Asset Recovery Agency (ARA) which had sought to have the money declared proceeds of crime and surrendered to the State. The judge held that ARA failed to present convincing evidence linking the funds to illegal activity.
He faulted investigators for not verifying details of the properties Sonko allegedly sold, including purchase prices and the identities of the buyers. The court also noted the absence of buyer statements, which would have been key to establishing the Agency’s claims.
Justice Sifuna emphasized that suspicion must be based on reasonable grounds, not mere conjecture, and said that complaints triggering ARA action must be clearly explained.
The court further criticized ARA for only relying on bank records from August 2017—when Sonko became governor—without providing earlier statements for a fair assessment.
As a public body, the judge said, ARA had a duty to table both incriminating and exculpatory evidence, which it failed to do. Consequently, the judge ruled that the funds could not be deemed proceeds of crime.
The case was dismissed with costs, and the Ksh.574 million—preserved since February 2020—was ordered to be released to Sonko immediately, unless lawfully held for other reasons.
