Sonko wants lawyer Ogolla, OCS Opondo compelled to testify in Ksh.20M graft case

Sonko wants the court to summon lawyer Steve Ogola and the Capitol Hill Police Station OCS Tusca Opondo, arguing that they hold material evidence central to his defence.

Appearing before the court through his advocate, Asa Nyakundi, Sonko maintained that the two witnesses would help clarify how the case against him evolved, particularly in relation to charge sheets and cooperation documents generated during investigations.

He said Ogolla will produce three crucial documents: a charge sheet, the affidavit of co-operation and a statement. 

The interest of justice supports the application that they be summoned to testify; they are crucial witnesses to the fair presentation of the first accused person's defence, and their testimony will enable the court to arrive at a just determination.

"No prejudice will be occasioned to the insurance of summons," the court was told.

Nyakundi told the court that Ogola has three critical documents, including two charge sheets and an affidavit of cooperation. According to the defence, one charge sheet was drafted before the complainant was listed as a co-accused, while another was issued after the complainant was dropped from the case, a sequence Sonko says raises questions that must be interrogated in open court.

The defence further wants the OCS at the Capitol Hill Police Station compelled to produce records and evidence linked to statements made by Sonko during investigations.

“This evidence goes to the heart of the first accused person’s defence and is necessary for the court to arrive at a fair and just decision,” Nyakundi submitted, adding that issuing the summons would not prejudice the prosecution in any way.

The Office of the Director of Public Prosecutions said it did not oppose the application but pointed out that it had not been furnished with Steve Ogola’s statement, which it said it would require ahead of any testimony.

"Request for summons not opposed, but just to indicate the statement of Steve Ogola has not been supplied to the prosecution. We pray the same be supplied to us," the prosecution submitted.

Sonko and his co-accused, businessman Erastus Ombok, were placed on their defence in February 2025 after the court found the prosecution had established a prima facie case.

The pair face charges including abuse of office, conflict of interest, money laundering and acquisition of proceeds of crime, all linked to the alleged extortion of Ksh.20 million.