The High Court has rejected a request by former Nairobi Governor Mike Sonko to access a Ksh15 million cash bail he had deposited while facing corruption and abuse of office charges.
Sonko had asked the court to substitute the cash bail with logbooks of three cars offered by an unnamed individual.
The request was denied by Justice Esther Maina.
“There is no sufficient basis for the application and it is dismissed,” said Justice Maina of the Anti-Corruption and Economic Crimes Division.
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“Moreover, the application should have been made at the trial court, not this court," the judge stated.
Sonko told the court that he is broke and cannot afford to settle legal fees and also pay school fees for his children. The former governor noted that the money was raised by his friends and relatives.
The money was deposited in court in December 2019 in two tranches. Sonko deposited Ksh5 million while incumbent Nairobi Governor Anne Kananu Mwenda deposited Ksh10 million which had been contributed by Sonko's friends and family members.
His lawyer, Phillip Kaingu told the court that the former governor is broke and in dire need of money to attend to his health, pay school fees, pay his lawyers, and cater for the daily needs of his family.
Kaingu told Lady Justice Maina that Sonko had found a surety willing to deposit the logbooks of three vehicles.
"The motor vehicles have a cumulative assessed value of Ksh30.4 million and are also comprehensively insured," Sonko said in court papers.
The cars are listed as KCE 111M, KCJ 007F and KCN 900Q.
"Ever since he was released from custody, he has religiously been abiding (by the) terms of his release and has continually attended court for hearing and mention,” Kaingu said.
“More than 10 witnesses have already testified in the three cases facing Sonko and there is no risk of flight on his part," he added.
And since all of Sonko's accounts are frozen, he told the court that the cash bail can be released to his lawyer.
