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Sonko Petitions CJ Koome to Allow Promoted Judge to Finish Sh20M Graft Case
"The matter was before Magistrate Ondieki, now elevated to judge earlier this year. We had remained with the defence of the first accused, Sonko, and the defence of the second and third accused," Nyamache told the court.
Former Nairobi Governor Mike Sonko has written to Chief Justice Martha Koome seeking to have newly appointed High Court Judge Charles Ondieki allowed to return to the lower court and conclude the hearing and determination of his long-running Sh20 million graft case.
The request emerged when the matter came up for a further defence hearing before Milimani Anti-Corruption Chief Magistrate Harrison Baraza.
State Counsel Wesley Nyamache informed the court that Sonko had written to the Chief Justice through a letter dated June 9, 2026, requesting that Justice Ondieki, who previously presided over the case before his elevation to the High Court earlier this year, be permitted to conclude the proceedings.
“The matter was before Magistrate Ondieki, now elevated to judge earlier this year. We had remained with the defence of the first accused, Sonko, and the defence of the second and third accused,” Nyamache told the court.
“The first accused, Sonko, has written to the Chief Justice through a letter dated June 9, 2026, and forwarded to the DPP’s office through a letter dated June 10, 2026. We requested to have Hon. Justice Ondieki concluded the defence hearing and determination of the matter. The letter has been copied to this court, too,” he added.
Sonko’s lawyer, Assa Nyakundi, confirmed the application, saying the former governor wanted the judge to complete the case because he had already heard most of the defence witnesses.
“I confirm that indeed he did write to the Chief Justice to have Ondieki, who previously heard the matter before his appointment as a judge of the High Court, conclude the matter,” Nyakundi said.
The defence maintains that the case, which has been in court since 2020, should be concluded expeditiously.
In response, Magistrate Baraza said he had already brought the letter to the attention of both Justice Ondieki and the Chief Justice and requested more time for a response.
“Magistrate Ondieki has since received the letter, and I talked to Ondieki and the Chief Justice, and it’s important we give her more time, like two weeks, to respond,” Baraza ruled.
The magistrate directed that the matter be mentioned on July 14, 2026, to confirm whether a response from the Chief Justice had been received.
He also vacated all the hearing dates that had been scheduled for June 29, June 30, July 1, and July 8 pending directions on whether Justice Ondieki will conclude the proceedings or the case will proceed before a newly appointed magistrate.
Before his appointment to the High Court, Justice Ondieki had heard several defence witnesses, including former Nairobi County Attorney, retired Mombasa magistrate, former NTV editor Ken Mijungu, police officers, and other witnesses.
The corruption case stems from allegations that Sonko and his co-accused, Antony Ombok, irregularly obtained Sh20 million from Web Tribe Limited in connection with Nairobi County’s 2019 revenue collection tender.
The prosecution closed its case after calling 19 witnesses, after which the court placed the accused on their defence.
