Sonkos case against EACC flops, again

The application made by Nairobi Governor Mike Sonko against the Ethics and Anti-Corruption Commission (EACC) and it’s director of investigations failed to be heard for the third time on Thursday.

This was after Justice Onyiego declined to issue conservatory orders and directed that the application be heard before Justice Ngugi on December 3, 2019.

The matter had however been scheduled in the cause list to be heard before Justice John Onyiego at 11am but parties were asked to move to Justice Mumbi Ngugi’s court.

The partied involved and their lawyers waited for an hour for Justice Ngugi only for the Deputy Registrar to ask them to go back to Justice Onyiego since Justice Ngugi had to attend to an urgent personal matter.

Justice Onyiego however ruled that the matter had been wrongly listed before him in the cause list insisting that it should be before Justice Ngugi who was seized of the matter.

He further directed parties to respond to an amended Notice of a motion and Certificate of Urgency filed by lawyer Cecil Miller on behalf of Sonko.

In his application, Sonko is seeking an order to block his arresting and prosecution or instigation of any charges related to the investigations by EACC against him pending an inter-partes hearing of his application.

Governor Sonko is also seeking for the removal from office of EACC Director of Investigations Abdi Mohamud to  pave way for investigations in alleged corruption and economic crimes leveled against him in the petition.

According to court documents, Governor Sonko says : “EACC and Mohamud have showed open bias, discrimination and unprofessionalism in the conduct of their investigative role in relation to corruption and economic crimes as provided for in the Anti-Corruption and Economic Crimes Act No. 3 of 2003 by unlawfully, illegally, selectively and discriminately pursuing investigations against the petitioner.”

All parties have now been directed to file and serve their responses to the amended application by Monday.