- Sonko says evidence relied on by the Director of Public Prosecutions in the Sh357 million graft case was obtained illegally
- DPP tells court Sonko’s reliance on decision on search warrants fails as the judgement of the Court of Appeal was suspended
Image: COURTESY
A magistrate's court will on Wednesday next week rule on an application to quash the graft charges facing Nairobi Governor Mike Sonko.
Sonko through lawyers Cecil Miller and George Kithi told anti-corruption magistrate Douglas Ogoti the evidence relied on by the Director of Public Prosecutions in the Sh357 million graft case was obtained illegally.
The court heard that the charges against Sonko are based on evidence from investigations conducted by the Ethics and Anti-Corruption Commission into his bank accounts.
He argued that the EACC violated his right to be notified of the intention to investigate his bank accounts contrary to the law.
“Article 50 (4) of the Constitution provides that evidence obtained in a manner that violates any right shall be excluded if the admission of that evidence would render the trial unfair or would be detrimental to the administration of justice,” Sonko's lawyers said.
The governor also cited a decision by the Court of Appeal that stopped the anti-graft agency from using evidence obtained through "secret search warrants" in corruption and economic crimes. That decision was however suspended by the Supreme Court on February 7 pending determination of an appeal by the DPP and EACC.
But the DPP yesterday told the court that Sonko’s reliance on the decision of search warrants fails as the judgement of the Court of Appeal was suspended by the Supreme Court.
“The law envisages that the purpose for issuance of warrants to investigate is to protect the right of a person from unreasonable searches, seizures and unnecessary arrest in tandem with protections conferred in the constitution,” the DPP said.
In an affidavit, Simon Cherpka, a forensic investigator with the Ethics and Anti-Corruption Commission, said the prayers sought by Sonko would have the effect of negating all investigative efforts against him even in matters that do not relate to the case before the court.
“If the court allows Sonko's prayers, the same will have the effect of halting all ongoing investigations and make rubbish of all efforts made by the commission to ensure accountability for the use of public funds in matters that are yet before the court,” he said.
The DPP urged the court to dismiss the application so as to allow Sonko an opportunity to test the prosecution’s evidence before the trial court for a final determination.