Senior lawyer Steve Ogolla gives independent legal opinion in Sonko graft case

Senior lawyer Steve Ogolla on Friday appeared before the Milimani Anti-Corruption Court to provide an independent expert legal opinion in the ongoing corruption case against former Nairobi Governor Mike Sonko.

Ogolla, who appeared on invitation by the court, submitted on the constitutionality, legality and propriety of the graft charges facing Sonko.

In his testimony before Principal Magistrate Charles Ondieki, Ogolla told the court that the character of the charges against the former governor had shifted from alleged embezzlement of public funds to the purported loss of private funds.

“I found no proof that public funds were lost, and there was also no proof that private funds were lost,” Ogolla testified.

According to the senior advocate, the evidentiary material presented failed to demonstrate whether a formal complaint had been lodged or whether a statement had been recorded from the alleged complainant.

He further told the court that there was no record showing that the accused had been granted an opportunity to provide a statement of facts in response to the specific allegations.

Ogolla described both the original and amended charge sheets as legally defective, noting that this flaw led the Ethics and Anti-Corruption Commission (EACC) and the Director of Public Prosecutions (DPP) to drop charges against businessman Danson Muchemi, who never took plea in the matter.

Under oath, Ogolla also confirmed that Muchemi had never lodged any complaint against Sonko, directly contradicting the premise upon which the case was initially built. He added that the manner in which the charges were framed rendered them legally unsustainable.

Ogolla’s testimony came a day after Sonko formally applied to have him summoned, alongside Tusca Opondo, the Officer Commanding Station (OCS) at Capitol Hill Police Station. Through his advocate, Asa Nyakundi, Sonko argued that the two witnesses possessed critical evidence necessary to clarify how investigations were conducted, charge sheets prepared and cooperation documents generated.

Sonko also took the stand, denying all allegations against him. He dismissed claims of conflict of interest and irregular procurement during his tenure, insisting that he neither initiated nor renewed the JamboPay revenue collection contract.

According to Sonko, the contract was a legacy arrangement inherited from a previous Nairobi City County administration. He said his focus as governor was on modernising revenue collection systems and sealing loopholes that enabled corruption.

Sonko was initially charged in January 2020 with conflict of interest and related offences linked to the alleged irregular award of a revenue collection services contract. The charges were amended in September 2020, and the prosecution closed its case in July 2022.

In December 2022, the trial court acquitted Sonko, ruling that the prosecution had failed to prove its case beyond a reasonable doubt.

The prosecution appealed, and the High Court later held that the trial magistrate had erred by relying on the original charge sheet instead of the amended one. The matter was subsequently remitted to the trial court for a fresh determination.

On January 20, 2025, Magistrate Charles Ondieki ruled that Sonko had a case to answer, placing him on his defence. The defence hearing commenced in May 2025, with Sonko appearing as the 21st defence witness.

The proceedings are ongoing.