Magistrate orders Sonko to be produced at Kahawa court

Former Nairobi governor Mike Sonko at a Kiambu court. [File, Standard]

A court has ordered that former Nairobi governor Mike Sonko be brought before it today.

Kahawa Chief Magistrate Diana Kavedza issued the orders after the prosecution made an application to withdraw the miscellaneous application file number E002 of 2019.

While closing the file, the prosecution sought to bring in a new charge sheet, but the move was vehemently opposed by the defence team that said the earlier orders issued by the court were that the three accused persons should be released and not re-arrested on that matter.

The prosecution, led by Harishon Kiarie, told court that the defence was arguing on admissibility of a charge sheet that had not been produced or read in court.

”We must delink the closed file and the intended charge sheet," Kiarie told the court.

But opposing the move to bring the charge sheet, lawyer John Khaminwa said the matter was not about academics and papers, but one touching on the rights and liberties of a Kenyan and as such should not be handled casually.

Sonko and his co-accused Clifford Ochieng and Benjamin Onyango, who are facing terrorism related charges, sat in the court as the defence and prosecution argued the matter.

Earlier, the defence lawyers led by Khaminwa accused the prosecution of holding the court to ransom by failing to come to court at the agreed time.

Khaminwa called on the magistrate to put it on record that the prosecution was bent on frustrating the court. He was complaining because the slated hearing time was 2.30pm yet the proceedings kicked off around 4.20pm.

“Your honour, no one has tendered an apology to this court, to the journalists and members of the public; no one has been kind enough to just apologise for this lateness,” Khaminwa said.

The magistrate agreed with him and requested the prosecution to apologise to the defence counsel, journalists and the magistrate.