Why Sonko, Nairobi tycoon bribery case could be withdrawn

The Director of Public Prosecutions (DPP) has until today to present key witnesses, including former Nairobi governor Mike Sonko, in a corruption case against Nairobi businessman Praful Kumar.

The case could be thrown out after Mr Sonko and other key witnesses failed to appear in court despite being issued with summons.

The case, in which Mr Kumar is accused of attempting to bribe Mr Sonko, has not taken off since it was filed in 2018.

Not a single witness has appeared in court to testify, including Mr Sonko, the state’s key witness.

On Monday, Mombasa Chief Magistrate Martha Mutuku gave the DPP one day to present witnesses or withdraw the case.

“This is the last time the court is adjourning this matter. You have a whole day to look for your witnesses. This case will be mentioned tomorrow,” said the magistrate.

State Counsel Alex Gituma told the court that witnesses had failed to turn up in court despite being issued with summons.

“No witness has ever testified in this case. It can be withdrawn,” said the prosecutor.

But because the court had allocated the case two days to hear it, the magistrate noted that prosecutors have only one day to present witnesses.

Mr Kumar is accused of attempting to bribe Mr Sonko to approve and continue building his Grand Monar Hotel in Gigiri, Nairobi.

The court heard that the suspect offered Mr Sonko Sh5 million as an inducement to approve the project.

He also wanted the former governor to allow him to continue building the structure on LR.91/239.

Mr Kumar also faces two counts of offering Sh2 million to Mr Sonko to approve the construction of the building.

Prosecutors said the suspect committed the offences at Kanamai in Kikambala, Kilifi County.

The businessman has denied committing the offence. He is out on a Sh500,000 bond.

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