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The long-running battle between the Asset Recovery Agency (ARA) and former Nairobi Governor Mike Mbuvi Sonko has ended in a resounding defeat for the State. The High Court dismissed ARA’s attempt to have millions in Sonko’s accounts forfeited, declaring that the agency failed to present convincing evidence that the money was proceeds of crime.
Justice Nixon Sifuna, who delivered the ruling, did not mince words. He found that investigators failed to trace the origin of the funds, ignored crucial timelines, and relied on selective records that painted an incomplete picture.
At the core of ARA’s case was the claim that Sonko’s millions were suspiciously accumulated during his tenure as governor. Yet, the court noted glaring gaps:
-Unverified property sales – ARA failed to confirm the alleged assets Sonko sold, their purchase prices, or the identities of the buyers.
-No buyer statements – The agency did not present testimony from buyers, a critical step in proving legitimacy or illegitimacy of transactions.
-Selective timelines – Investigators only focused on bank statements from August 2017, when Sonko assumed office, ignoring earlier records that might have provided a fair comparison.
Justice Sifuna was clear: suspicion alone cannot pass for evidence. He stressed that complaints against a suspect must be properly specified and backed with documentation—not left hanging on assumptions.
The ruling also carried a stinging rebuke of ARA’s approach. As a public institution, the agency has a duty not just to incriminate but also to present any evidence that could potentially exonerate a suspect. In Sonko’s case, the judge ruled, ARA failed that basic obligation.
“Suspicion has to be founded and reasonable. It cannot just be from without,” Justice Sifuna observed, faulting ARA for turning a legal process into a speculative witch-hunt rather than a fact-driven prosecution.
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With the case dismissed, Sonko walks away with his millions intact, while ARA is left grappling with yet another high-profile loss. For critics, the ruling is a damning indictment of investigative shortcuts and weak legal strategies that continue to haunt Kenya’s anti-graft institutions.
The judgment highlights a deeper problem: a pattern of rushing to court with half-baked cases that collapse under judicial scrutiny. For an agency tasked with safeguarding public resources, the outcome raises uncomfortable questions about credibility, competence, and political motivations.
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