Huge setback for DPP in graft case against Sonko

The Director of Public Prosecutions (DPP) has suffered a blow after a judge dismissed an application seeking to review a directive calling for his office to provide a list of documents to be relied on by a witness before testifying.

The DPP’s office had argued that the directive issued by Principal Magistrate Eunice Nyutu in the trial against former Nairobi governor Mike Sonko and others was akin to the court micro-managing the prosecution’s case.

But Justice Nixon Sifuna dismissed the application, stating that the trial court is the master of its own process, hence has the power to control and manage the proceedings before it.

Hundreds of pages

Justice Sifuna added that, for a case whose documents run into hundreds of pages, and with tens of witnesses lined up for testimony and alleging corrupt practices by holders of high public office, the directive was necessary.

In the case, Mr Sonko and several other persons and companies have denied a total of 19 counts related to procurement irregularities for tenders worth Sh357 million, which occurred during his tenure as the Nairobi governor.

The trial magistrate had in a ruling on June 6, 2023, explained that the directive was to save on time in view of the bulky nature of the court file. 

However, the prosecution was unhappy with the decision and considered it an attempt by the trial court to micro-manage the prosecution's case.