Former Nairobi Governor Mike Sonko’s legal team has said there is a distinct possibility of them suing the state over malicious prosecution.
Sonko was on Wednesday acquitted by an anti-corruption court after the DPP failed to provide sufficient evidence to prove its case against him and 16 others.
The former county chief and 16 others had been accused of conspiring to corruptly embezzle Sh357,390,299.95 from the Nairobi City government between May 24, 2018, and March 28, 2019.
Speaking to the Star, advocate Assa Nyakundi said “Given that he has suffered and paid a huge personal price, there is a distinct possibility of suing the state for malicious prosecution. Although early, there is a possibility.”
There has been no indication from the Office of the Director of Public Prosecutions (ODPP) on whether they will be appealing but Nyakundi said they are ready for whatever move they decide to make.
The advocate in recalling the dramatic arrest of his client in Voi before his arraignment in court said the corruption allegations are crumbling in court with this being the second acquittal.
“This case should be a lesson that nothing done to prosecute Sonko was professional. It was hasty and it was obvious there was a lot of political baggage behind it. Sonko was sacrificed politically and he has paid a huge price,” he said.
Nyutu in acquitting Sonko and 16 others on Wednesday expressed her frustrations over dereliction of duty by the ODPP, saying it is high time regulations were enacted to rein in on prosecutors who neglect their duties
These policies she said will ensure prosecutors are held liable for any civil liability that may arise from the withdrawal of cases.
Nyutu took issue with the ODPP over what has become a trend of its prosecutors to antagonize and sabotage proceedings before the court.