Former Governor Mike Sonko has petitioned the High court seeking an order for his immediate release from police custody.
Sonko, who is currently admitted at Nairobi Hospital after he fell sick while being detained at Gigiri Police Station, has asked the court to issue conservatory orders directing his immediate release from what he terms illegal detention pending the hearing of his case.
"That the court be pleased to issue conservatory orders directing the immediate release of the applicant (Sonko) from illegal detention pending the hearing of the applicant," says the former county boss through lawyer John Khaminwa.
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Sonko has been detained for more than 10 days at Gigiri Police Station since his arrest following summons by the Directorate of Criminal Investigations over remarks on 2017 post-election violence.
In his certificate of urgency filed in court, Sonko seeks to be released from custody on grounds that he has been subjected to psychological, mental and physical torture which is tantamount to inhuman and degrading treatment.
According to Sonko, he is currently incarcerated at Gigiri on trumped-up charges brought by the Director of Public Prosecution.
Sonko, in his petition, claims that his family, friends, relatives and colleagues have been denied access to him.
“The continued illegal detention violates and continues to violate my freedoms and security entrenched in the constitution,” says Sonko.
The former governor says the state wants to use the case before Kahawa Law Courts to detain him for more than 30 days because he was spotted wearing military fatigue.
“These clothes are easily available at Gikomba, Eastleigh, Mutindwa, Ngara and Kenyatta markets,” he says.
Sonko says it’s absurd that he is being accused of conducting acts of terrorism when he was being protected by so many police officers at that time.
“In August 2017 after I was elected the governor, the state enhanced my safety by deploying up to 20 bodyguards, including two officers from the Recce Squad who ordinarily protect the President,” Sonko says.
The former Nairobi county boss also wants an order staying his further prosecution in the graft cases pending before the Anti-Corruption Court and the criminal case at the Kiambu Law Courts.
Sonko has accused the DPP of formulating an evil scheme of lies, falsehoods and distortions purposefully to fix him on trumped-up charges.
“I am aware that the state with malice and intent to persecute me has resurrected criminal cases which had collapsed in 1998 through to 2001,” he claims.
Further, Sonko says that some of the revived cases were nullified by Criminal Appeal 80 of 2001 by Justice Samuel Oguk who is now deceased.
“I am aware that the rapid succession of these cases instituted with military efficiency never seen before is a clear indication that this is a political persecution,” he says.
He argues that the state's primary motive of resurrecting the cases is to achieve a political outcome of extinguishing his political career as opposed to the criminal objective of prosecuting cases for public interest.
Sonko also avers that it will be an abuse of the criminal justice system and against the public interest.
He says that he angered certain individuals who are currently holding public and state offices by his remarks at a recent rally.
“My comments were meant to enlighten the Kenyan public with respect to the characteristics of those people who were holding the public and state offices,” he added.
Khaminwa says his client has been denied the opportunity to ventilate his case.
“That it is clear that the alleged crimes have been fabricated for why the report was made 18 months after the alleged event and in Kiambu Police Station when the alleged crimes occurred in Buruburu Phase 4 which is the environment of the city of Nairobi,” reads court documents.
Sonko is expected at the Milimani Law Courts at 2.30 pm on Wednesday, February 10, for his Sh10 million corruption case.
On Tuesday, Sonko was granted Sh300,000 bond in his assault and forced entry into a private land case.
This was after a morning of drama in which detectives had to pull him out of Nairobi Hospital where he was rushed from Gigiri.
