Former Nairobi Governor Mike Sonko and 16 others have been acquitted in a case relating to the alleged misappropriation of funds amounting to Sh357 million belonging to the Nairobi county government.
Milimani Magistrate Eunice Nyutu acquitted the 16 saying no evidence has been adduced by the prosecution to show they conspired to embezzle the said funds.
"After carefully considering the testimony of six witnesses, the evidence adduced is inadequate to sustain the charges levelled against the accused persons," Nyutu said.
She said the evidence was weak and could not be relied on to convict.
"The prosecution only managed to call six witnesses before they bungled up their case," Nyutu said.
The case has been in court since 2019 but the prosecution managed to call only six witnesses with the prime one testifying for more than a year.
However, due to the Covid pandemic, the trial took off in 2021.
The Magistrate expressed her frustrations brought about by the DPP who she said has on several times sought an adjournment in the case.
"It's tragic that a prosecution can lose sight of a case. The conduct by prosecution in this case reeks of neglect of duty," she said.
She took issue with the prosecution for failing to conduct the case in a manner that promotes public interest and public good.
To cure this defect, the Magistrate said Parliament ought to develop regulations to make prosecutors accountable for how they conduct public cases and hold them accountable for negligence.
The case has been proceeding in camera owing to the majority of the witnesses who were under protection.
