Embattled Governor Mike Sonko has lost his bid to stop prosecution over alleged involvement in corruption.
The Nairobi governor wanted the court to stop his prosecution in the Sh357 million corruption case on grounds that the information that led to his arrest was acquired illegally.
Mr. Sonko wanted the court to declare his charge sheet defective.
In his ruling, the Anti-Corruption Court Douglas Ogoti said that the law that Mr. Sonko was relying on to challenge the access to his bank accounts was suspended by the Supreme Court.
The governor, in his application, had accused the anti-graft agency of violating the law while compiling evidence from five banks.
Seeking termination of the Sh357 million graft case, Mr. Sonko’s lawyers Cecil Miller and George Kithi said the Ethics and Anti-Corruption Commission breached the law when it charged the governor.
Mr Miller had told the court that the EACC got evidence from Equity Bank, Co-operative Bank, Diamond Trust Bank, KCB Bank and First Community Bank in contravention of the Constitution.
The lawyer claimed that his client not notified that his accounts were being investigated.
Mr. Miller told the court that the rules require that evidence being sought from one’s bank accounts should cover a period of six months only.
“Section 27(3) and 28 of the ACECA rules limit the period of investigation to a period of six months only,” Mr Miller contested.
He added: “EACC investigators sought information on Sonko accounts for the period between January 2012 and December 2019 which is seven years.”
He said Article 50 (4) of the Constitution states: “Evidence obtained in a manner that violates any right or fundamental freedom in the Bill of Rights shall be excluded if the admission of that evidence would render the trial unfair, or would otherwise be detrimental to the administration of justice.
Surrendering City dockets
The loss is another blow to the flamboyant city governor who on Tuesday surrendered four key City Hall ministries to the National Government.
The besieged governor on Tuesday signed an agreement to surrender the running of the Health, Transport, Planning and Public Works ministries to the National Government.