The office of the Director of Public Prosecutions (DPP) has failed to have its Sh20 million graft case against former Nairobi Governor Mike Sonko revived by the High Court.
This is after DPP appealed Senior Principal Magistrate Peter Ooko's decision not to allow evidence from Equity Bank against Sonko terming it as "unacceptable in law".
At the High Court, Justice Professor Nixon Sifuna refused to have the case revived handing Sonko a much-needed win.
Ooko in his decision had rejected a plea to have nine statements and account opening information from the bank be presented as evidence.
Sonko was accused of getting tenders from the county by trading through proxy companies used to secure tenders.
He said that the documents presented as evidence could not be authenticated since they had not been signed by an officer from the bank.
The DPP wanted Sifuna to find that Ooko erred in law and fact by refusing to admit the evidence against the politician.
Sonko's lawyers John Khaminwa, Haroun Ndubi and Assa Nyakundi opposed the application by DPP saying it was an abuse of the court process.
They urged the court to dismiss the application alleging that admitting the evidence would see their client implicated in the graft case.
The DPP is waiting on Justice Sifuna's decision in another case where Sonko was acquitted by Chief Magistrate Douglas Ogoti in a Sh25m graft case.
The magistrate cleared Sonko of any wrongdoing in the case where funds were lost in tender procurement at City Hall during his reign as Nairobi County boss.
The magistrate ruled that there was no sufficient evidence to sustain the case against Sonko and his co-accused Antony Ombok aka Jamal.
