Mike Sonko discharged from hospital, lawyer says he's unfit for trial

Former Nairobi governor Mike Sonko has been discharged from the Nairobi Hospital where he was admitted for more than one month after suffering stomach complications and high blood pressure.

The hospitalisation stalled proceedings in the multiple graft cases he is facing at the Anti-Corruption Court in Milimani.

When his Sh14 million embezzlement case was mentioned before Chief Magistrate Lawrence Mugambi on Friday, his lawyer John Khaminwa said he checked out of the health facility on Thursday evening.

The lawyer told the court that doctors recommended rest for his client, whom he said was with his family.

Mr Khaminwa also stated that the corruption cases, which involves embezzlement of over Sh300 million at City Hall, should not proceed because Sonko is mentally unfit to stand trial. 

He added that the new defence team is not yet fully aware of the case proceedings.

Sealed report

At the same time, Director of Public Prosecutions (DPP) Noordin Haji furnished the court with a sealed psychiatric report of Sonko’s mental assessment, which was conducted at the Kenyatta National Hospital (KNH) following a court order.

When handing over the report, the prosecutor noted that the report may affect the case proceedings.

The psychiatric assessment ordered by Principal Magistrate Peter Ooko was to confirm whether Sonko is fit to stand trial after the court received two conflicting medical reports on his mental status.

One report tabled by Mr Khaminwa indicated that he was mentally unfit to follow the court proceedings. The report dated March 4, 2021 was signed by a consulting psychiatrist, Dr Pius Kigamwa.

"No abnormal mannerism”

Another report dated February 24, by four doctors from KNH, indicated that Sonko's mental status was normal and that there was no indication of his inability to attend court proceedings.

These doctors said the "patient showed no abnormal mannerism" and that " he was calm, with no restlessness and his speech was normal in volume".

"His thoughts were logical and coherent," they also said, addng that Sonko “maintained eye contact and [had] no delusional thoughts but was in a low mood".

In ordering the second assessment, Magistrate Ooko noted that the issue of Sonko being mentally unfit for trial was not well captured.

Magistrate Mugambi directed that the psychiatric report from the DPP remain sealed until March 22, when the case will be mentioned before Mr Ooko, who is the presiding magistrate.

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