Chief Magistrate Eunice Nyutu has sharply criticized the Office of the Director of Public Prosecution (ODPP), accusing it of impeding the progress of the Sh357 million graft case involving former Nairobi Governor Mike Sonko.
Expressing growing frustration with the sluggish pace of the proceedings, Nyutu granted the ODPP a final ultimatum to produce witnesses, underscoring that repeated adjournments had significantly impeded the timely delivery of justice.
Sonko’s defense team, led by Assa Nyakundi, pressed for the termination of the case, pointing out that despite the ODPP’s assurance of 37 witnesses, only four had testified. The lawyer asserted that these delays were orchestrated by the prosecution, causing substantial frustration for the defense.
Despite the defense’s plea for a decisive resolution, Magistrate Nyutu directed her ire towards the ODPP, holding them accountable for the protracted legal process despite the high-profile nature of the case and the initial arrests.
On November 9, 2023, the ODPP failed to appear in court for the hearing of the Sh357 million graft case against Mike Sonko, weeks after a failed attempt to secure an adjournment.
The ODPP did not offer an explanation for its inability to send a representative to face Trial Magistrate Eunice Nyutu, who had previously declined a bid for adjournment. Further, the ODPP had sought an adjournment to address an application aiming to drop four co-accused persons from the case.
This absence prompted defence lawyers to petition the court for the termination of the case against Sonko and his co-accused under Section 204 of the Criminal Procedure Code, citing the failure of the complainant (ODPP) to appear in court.
“The conduct of the DPP is wanting. It is unfortunate that the DPP has chosen to seek an adjournment through sheer arm-twisting of the court,” remarked Magistrate Nyutu, underscoring the need for swifter and more responsible legal proceedings.
Email your news TIPS to Editor@nairobilawmonthly.com, and to advertise with us, call +254715061658 anytime of the day
