Win for Sonko as Court Frees Sh537 Million Frozen by State

Former Nairobi Governor Mike Mbuvi Sonko has scored a major legal victory after the High Court ordered the release of Sh537 million that had been frozen by the Asset Recovery Agency (ARA) over suspected money laundering.

In a judgment delivered on Wednesday, Justice Nixon Sifuna ruled that ARA had not provided sufficient evidence to prove that the funds were proceeds of crime.

He said the agency’s case relied on suspicion rather than facts, and that such suspicion could not be used to deprive a citizen of their property.

The judge also dismissed an application by ARA to continue holding the money under preservation orders, describing it as unsubstantiated and without merit.

The case dates back to 2021 when ARA obtained orders to freeze the accounts linked to Sonko as it investigated claims that the money had been illegally obtained during his time in office.

For over three years, the funds remained inaccessible as the former governor battled accusations of corruption and money laundering.

Sonko has consistently denied wrongdoing, maintaining through his lawyers that the money was legitimately earned from his businesses and investments.

The ruling is a setback for the Asset Recovery Agency, which has presented itself as a central player in Kenya’s anti-corruption war by targeting assets of public officials suspected to be linked to graft.

The decision underscores the evidentiary burden the agency faces in proving its claims in court, especially in high-profile cases.

For Sonko, the release of the money marks both a financial and political reprieve.

The former governor, who was impeached in 2020, has often argued that state agencies have been used to persecute him for political reasons.

Following the ruling, he welcomed the court’s decision as vindication, saying his wealth was the result of legitimate business ventures and not theft.

The judgment adds a new twist to Sonko’s ongoing battles with state agencies and casts fresh scrutiny on the effectiveness of Kenya’s anti-graft framework, where cases frequently falter due to lack of evidence.

With the Sh537 million now back under his control, Sonko emerges as one of the few high-profile politicians to successfully challenge a major asset-freezing order in recent years.