Former Nairobi Governor Mike Mbuvi Sonko has lost a court application where he had claimed to be broke and had pleaded with the court to allow him access to Ksh15 million he deposited as cash bail when he was charged with corruption.
On Thursday, December 16, High Court Judge Esther Maina dismissed the request stating that Sonko had not provided sufficient grounds to swap the cash bail.
Justice Maina of the Anti-Corruption and Economic Crimes Division further stated that the application should have been made at the trial court and not in her court.
Sonko had requested the court to allow him to substitute the cash bail with the logbooks of three vehicles offered by an unnamed person.
Through his lawyers, Sonko had stated that he needed the funds to pay for his medical bills and provide school fees for his children since his accounts were frozen.
“I am asking the court to be allowed to deposit security in place of the cash bail to enable me to access the money for purposes of attending to my health, paying school fees for my young ones, paying my lawyers and cater for my daily needs and those of my family,” Sonko added.
Sonko, in the application, argued that he has no other source of income and since his accounts were frozen he had a very hard time taking care of his family.
The former governor has, however, assembled three high-end vehicles worth Ksh30.4 million which he is willing to surrender to court so that he can have the Ksh15 million cash bail back.
His lawyer, Philip Kaingu, justifying Sonko's plea told the court that his client has no intention of absconding from court hearings.
“The graft cases against him have proceeded well with more than 10 witnesses which means there is no risk of him absconding court. It is in the interest that he be allowed to substitute the cash bail to enable him to fend for his family,” Kaingu stated.
In his affidavit, Sonko told the court that he personally raised Ksh5 million to secure his release while his friends contributed the remaining Ksh10 million.
He went further to deny claims that Ksh10 million was paid by Nairobi Governor Anne Kananu, stating that she only acted as the treasurer to collect the money from friends.