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Sonko buoyed up by Voi assault case withdrawal

Tapanga

Jan. 24, 2020

In Summary
• The Director of Public Prosecutions had applied to withdraw the charges, saying the complainant had willingly opted to drop it. • Six witnesses would have testified. They were commander Yakubu, Voi OCS James Mwanzia and officers Michael Muriithi, Fred Sabai, Stephen Mtawa and Ibrahim Ahmed.
A Voi court on Wednesday dropped an assault case against Nairobi Governor Mike Sonko. Senior resident magistrate Fredrick Nyakundi said the complainant was no longer interested in pursuing the matter and therefore the governor could not take a plea. Sonko was accused of assaulting Coast regional commander Rashid Yakubu while resisting arrest at Ikanga airstrip, Voi, on December 6 last year. The Director of Public Prosecutions had applied to withdraw the assault charges, saying the complainant had willingly opted to drop it. Six witnesses would have testified against Sonko. They were Yakubu, Voi OCS James Mwanzia and police officers Michael Muriithi, Fred Sabai, Stephen Mtawa and Ibrahim Ahmed. “Having considered all the reasons stated by the prosecution to have this application and having no malice from the prosecution, I, therefore, allow the application and the case withdrawn under Article 87 (A) of the Criminal Procedure Code. The accused is discharged of all the three counts,” Nyakundi ruled. He added, however, that the prosecution has a right to reinstitute the case given that the withdrawal is at its discharge. The flamboyant county chief appeared before the court accompanied by a host of Nairobi MCAs and former Kibwezi MP Kalembe Ndile. Sonko's lead counsel Cecil Milner welcomed the ruling noting that both parties had agreed to withdraw the case. He expressed his hope in winning other cases facing the governor in a Nairobi court, where Sonko was charged with 19 counts of corruption, abuse of office and irregular payments that led to the loss of Sh357 million. “We are in agreement with the prosecution to drop the case. Both parties have talked and agreed on this move,” he said. After the verdict, Kalembe lamented outside court that the governor was being persecuted for supporting DP William Ruto. He urged the Directorate of Criminal Investigations to desist from being politically used to tame vocal leaders. “It is clear that the police assaulted the governor. In this case, all the officers involved should be prosecuted,” he said. Kalembe urged the DPP to withdraw all charges against the governor, saying he had proved to be a development-oriented leader. He linked Sonko’s woes with the BBI and 2022 succession politics. “Kenyans know that Sonko has been voted as an ambassador of good deeds by other countries. He has helped thousands of Kenyans using his own money and that is enough proof that the case is out of malice."
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