Former Nairobi Governor Mike Sonko has moved to strengthen his defence in the ongoing KSh 20 million graft case, asking the anti-corruption court to summon two key witnesses.
Sonko wants lawyer Steve Ogola and Capitol Hill Police Station OCS Tusca Opondo called to testify, arguing that both hold critical information central to his defence. He claims their evidence could significantly influence the trial.
Through his advocate, Asa Nyakundi, Sonko told the court that the witnesses could clarify how the case against him evolved, particularly regarding charge sheets and cooperation documents produced during investigations. He said Ogola is expected to present three crucial documents: a charge sheet, a statement, and an affidavit of cooperation.
“The interest of justice supports the application that they be summoned to testify; they are crucial witnesses to the fair presentation of the first accused person’s defence, and their testimony will enable the court to arrive at a just determination,” the court was told.
Sonko’s legal team argued that calling the witnesses would not prejudice the summons process but would instead ensure a fair and transparent hearing. Nyakundi added that one of Ogola’s charge sheets was drafted before the complainant was listed as a co-accused, while the other was issued after the complainant was removed from the case – a sequence Sonko says raises questions that must be addressed in open court.
The defence also requested that the OCS at Capitol Hill Police Station produce records and evidence linked to statements Sonko made during investigations.
“This evidence goes to the heart of the first accused person’s defence and is necessary for the court to arrive at a fair and just decision,” Nyakundi submitted, adding that issuing the summons would not prejudice the prosecution in any way.
The Office of the Director of Public Prosecutions (ODPP) did not oppose the application but noted it had not received Ogola’s statement, which it requires before he testifies.
“Request for summons not opposed, but just to indicate the statement of Steve Ogola has not been supplied to the prosecution. We pray the same be supplied to us,” the prosecution said.
Sonko and his co-accused, businessman Erastus Ombok, were placed on their defence in February 2025 after the court ruled that the prosecution had established a prima facie case. The pair face charges of abuse of office, conflict of interest, money laundering, and acquisition of proceeds of crime, all linked to the alleged extortion of KSh 20 million.
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