Nairobi, Kenya – Former Nairobi Governor Mike Sonko has moved to strengthen his defence in the ongoing Ksh.20 million graft case, asking the anti-corruption court to compel two key witnesses to testify. Sonko argues their evidence could significantly influence the outcome of the trial.
Through his lawyer Asa Nyakundi, Sonko requested the court to summon lawyer Steve Ogola and Capitol Hill Police Station OCS Tusca Opondo, insisting they hold material evidence central to his defence.
Defence Argument
Nyakundi told the court that Ogola possesses three critical documents two charge sheets and an affidavit of cooperation which highlight inconsistencies in the investigation process.
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. Sonko maintains this sequence raises questions that must be interrogated in open court.
The defence also wants the OCS 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.
“No prejudice will be occasioned to the issuance of summons.”
Prosecution’s Position
The Office of the Director of Public Prosecutions (ODPP) said it did not oppose the application but noted it had not been furnished with Ogola’s statement, which 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.
Case Background
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
- Acquisition of proceeds of crime
All charges are linked to the alleged extortion of Ksh.20 million.
Conclusion
The court’s decision on whether to summon the two witnesses could prove pivotal in shaping the trajectory of Sonko’s defence. As the case continues, it underscores the high stakes surrounding corruption trials involving former senior officials and the delicate balance between prosecutorial evidence and the right to a fair defence.
