Former Nairobi Governor Mike Mbuvi Sonko has scored a major legal victory after the High Court ordered the release of more than KSh 574 million that had been frozen in his bank accounts for nearly five years. The funds, totaling KSh 574,258,398.74, had been under a preservation order obtained by the Asset Recovery Agency (ARA) in February 2020, on suspicion that they were proceeds of crime.
In a judgment delivered by Justice Nixon Sifuna, the court dismissed ARA’s case, ruling that the agency failed to prove any credible link between the money and illegal activities. The judge faulted ARA for relying only on bank statements beginning in August 2017, when Sonko became governor, without comparing them to financial records before that period. He noted that such a selective approach undermined the agency’s claims and left the court without a reasonable basis to infer wrongdoing.
Justice Sifuna also criticized ARA for failing to verify the sale of properties that Sonko claimed to have disposed of, saying the agency neither presented the identities of the buyers nor provided statements to confirm the transactions. According to the judge, such omissions weakened the credibility of the case. He further stressed that suspicion alone is not enough to justify asset seizures, remarking: “Suspicion must be founded and reasonable. It cannot just arise without basis.”
The court went on to emphasize that as a public institution, ARA has a responsibility not only to present incriminating evidence but also to disclose any exculpatory material in its possession. In this case, the judge ruled, the agency had failed to discharge that duty.
As a result, the court ordered that the preserved funds be released to Sonko immediately, unless there exists another lawful reason to continue holding them. The case was dismissed with costs awarded in Sonko’s favor, meaning the state will now have to cover his legal expenses.
The ruling marks a significant turning point for Sonko, whose finances and assets have been under close scrutiny since he left office. It also underscores the high evidentiary threshold that government agencies must meet when pursuing asset recovery cases. Without clear, verifiable evidence linking wealth to crime, courts are unlikely to uphold preservation orders.
For Sonko, the judgment not only frees a substantial amount of money but also represents a boost to his long-running efforts to fight off corruption allegations. For the ARA, however, the decision is a reminder that asset recovery must be backed by solid investigations and airtight documentation to withstand judicial scrutiny.
IMAGE : CITIZEN DIGITAL
