Court Warns ODPP Over Absconding Court in Mike Sonko’s Ksh 357M Case

Milimani Anti-Corruption Senior Principal Magistrate, Hon. Eunice Nyutu slams the office of the directorate of public prosecutions for what she called an attempt to frustrate the court in its fair administration of Justice.

The Magistrate seemed unhappy with how the ODPP was contacting their business in the case where the former Nairobi County Governor, Mike Mbuvi Sonko is charged alongside other 16 accused persons with fraudulently obtaining Ksh 357 million from the County government of Nairobi.

According to the Magistrate, the public prosecutor in the case absconded court for two consecutive days without informing the Court.

“The prosecutor failed to appear in court on the 8th of November 2023, despite efforts to reach her by the court assistance her phone was switched off, the court was forced to adjourn this matter to 9th November 2023, this court directed that the incharge prosecution do communicate to the court on the whereabouts of the said prosecuting Council Miss Anita Wangia…the matter was supposed to proceed by 11am today but still the prosecutor never turned up for hearing…this contact of the prosecuting council marks alter contempt of the court and an insult to the dignity and integrity of the Court.” Said Hon. Nyutu.

According to the Magistrate, the prosecuting council and the DPP have absconded from discharging their duty.

She further said that the ODPP through their actions have held the court at ransom and made it impossible for the court to discharge its mandate of ensuring justice to all and expeditiously.

The Magistrate said that the ODPP is purporting to direct the independent Judiciary on how to proceed with its duty of fair administration of Justice.

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“This court has a constitutional protection under Article 160 of the Constitution” said the Magistrate.