DENIED PASSPORT

Court blocks Sonko trip to Dubai

Anti-Corruption chief magistrate Douglas Ogoti says giving Sonko the passport would mean he is reviewing his orders.

In Summary

• The court also noted that he did not attach a clearance to travel which is a requirement for all government officials.  

• Sonko had said that the conference had been convened by UN-Habitat to address the challenges of sustainable urbanisation.

https://www.the-star.co.ke/news/2020-01-09-sonkos-bank-accounts-frozen-in-graft-probe/

High Court judge Luka KImaru
High Court judge Luka KImaru
Image: FILE

Embattled Nairobi Governor Mike Sonko will not travel to Dubai this weekend for official duty after the court declined to release his passport.

Sonko had asked the court to release his passport so that he could travel to Dubai to attend the 10th session of the World Urban Forum from Saturday to Thursday next week. 

But Anti-Corruption chief magistrate Douglas Ogoti said giving Sonko the passport would mean he is reviewing his own orders. 

 "The release of the passport is tantamount to reviewing my own orders which procedurally may lead to abuse office and the court is not ready to so,” he ruled.

Ogoti said that the letters of recommendation the governor presented did not show whether he was travelling on official duty.

The court also noted that he did not attach a clearance to travel which is a requirement for all government officials.  

Sonko had said that the conference had been convened by UN-Habitat to address the challenges of sustainable urbanisation.

However, the prosecution said they needed time to verify the documents attached to Sonko's application and the validity of his letter of invitation. 

The court heard that the governor had paid for the trip using his cards, action the prosecution argued was proof that he was travelling for personal luxury. 

At the same time, a High Court judge has frozen 10 bank accounts belonging to Sonko, days after a magistrate set aside similar orders.

Judge Luka Kimaru ordered that about Sh20 million in the accounts in Diamond Trust Bank, Cooperative Bank and Equity Bank be preserved.

He prohibited Sonko, his agents or representatives from transacting, withdrawing, transferring or using the funds held in the accounts. 

 

The order arose out of a request by the Asset Recovery Agency to freeze the accounts pending the filing of its forfeiture application.

Of the 10, three are dollar accounts while the remaining seven are Kenya shillings accounts. 

The three dollar accounts have $67,906.43 while the shillings accounts have Sh16,007,218.73.

Chief magistrate Martha Mutuku on Tuesday said the agency failed to approach the court for an extension when the orders to freeze the accounts expired in December last year.

"The agency was riding on expired court orders. They should have approached the court for the extension as required by the law upon expiry of the December orders," she said.

 
 

However, the Asset Recovery  Authority through lawyer Esther Muchiri yesterday sued to freeze the accounts saying the monies are suspected to be proceeds of crime.

The agency’s application is based on the investigations it conducted into alleged theft and fraud of public money from the county government of Nairobi

According to asset recovery agency all the 10 accounts and especially for the periods of 2017, 2018, 2019 and 2020 received suspicious huge cash deposits that indicate activities of money laundering.

For example, five accounts held at Equity Bank held by Sonko received Sh3.4 million each on July 14, 2017. The deposit was made by Arbab Auto limited.

On August 17, 2017, four of Sonko’s accounts at Equity Bank received deposits of Sh500,000 each.

The agency said if the court does not intervene, the economic advantage derived from the crimes will benefit a few to the disadvantage of national interest.

Sonko and his associates are accused of misappropriating Sh357 million of public funds. He denies the charges and is out on bond.

 

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