Former Nairobi Governor Mike Mbuvi Sonko has won a major legal battle after the High Court ordered the release of Sh537 million that had been frozen by the Asset Recovery Agency (ARA) over alleged money laundering.
In a judgment delivered on Wednesday, Justice Nixon Sifuna ruled that the agency failed to provide evidence linking the funds to criminal activity. "The Asset Recovery Agency did not demonstrate with sufficient evidence that the funds in question were proceeds of crime or that Governor Sonko was engaged in money laundering," Justice Sifuna stated. He added that mere suspicion cannot justify depriving a citizen of private property.
The court also dismissed ARA's request to continue holding the money under preservation orders, describing the application as unsubstantiated and without merit. The ruling means Sonko can now access the frozen funds as the case against him by ARA hits a significant setback.
ARA initially approached the courts in 2021 seeking to freeze the Sh537 million held in accounts linked to Sonko. The agency claimed the money was suspected to have been illegally obtained through corruption and money laundering during his time in office.
The High Court initially granted preservation orders, which prevented any withdrawals while ARA investigated the origin of the funds.
Sonko has consistently denied any wrongdoing, maintaining through his lawyers that the money was legitimately earned from his businesses and investments.
The decision marks a critical moment in ARA’s pursuit of high-profile corruption and money laundering cases involving both public officials and private entities.