Sonko Celebrates Court Victory: A Song of Gratitude and Faith Amidst Frozen Assets Saga
Following a significant legal triumph that saw his frozen assets unfrozen, former Nairobi Governor Mike Sonko erupted in a song of thanksgiving before addressing a jubilant crowd. The emotional outpouring, captured in a video shared from his office, set a deeply reflective and grateful tone for his subsequent public statement.
The powerful melody, a Swahili hymn expressing profound gratitude to a divine power, underscored the immense relief and joy experienced by the former governor after a protracted legal battle. “Hakuna Mungu kama wewe ewe Mungu wangu, nasema asante ewe Mungu wangu,” Sonko was heard singing, translating to “There is no God like you, my God, I say thank you, my God.” This heartfelt rendition preceded his address to supporters, where he expressed deep appreciation for divine intervention and the unwavering support he received throughout the years-long ordeal.
“I don’t want to say much,” Sonko stated, his voice thick with emotion, “I know you understand why I am thanking God and why I am happy today.” He then turned to scripture, quoting Luke 6:38: “Give, and it shall be given back to you.” Sonko described the court’s decision as a miracle, a testament to his enduring faith after enduring six arduous years of legal struggle.
A Six-Year Odyssey of Resilience and Faith
The former governor detailed the immense hardship of the past six years, a period marked by relentless pursuit of justice. He maintained that even in the face of potential further legal challenges, his belief in a higher power and the ultimate triumph of justice remains unshaken. This prolonged period of waiting, fighting, and suffering, he declared, had ultimately reaffirmed his faith.
“Six years of waiting. Six years of fighting. Six years of suffering,” Sonko recounted. “Today, I thank God justice has prevailed. God is great, and His timing is perfect. I’m also grateful to the courts for judging based on facts and evidence, not personal hate.” He extended special commendation to his legal counsel, Harrison Kinyanjui, for his steadfast dedication. “Special thanks to my lawyer, Harrison Kinyanjui, for never giving up on me, unlike those who abandoned me when I was ‘illegally’ impeached. God is watching and justice will always prevail.”
Despite the profound sense of relief, Sonko indicated he would not be hasty in accessing the funds held in his various bank accounts. This measured approach reflects a deeper understanding of the complexities involved, even as the legal hurdles appear to have been cleared.
Legal Proceedings and the Court of Appeal’s Verdict
Sonko’s remarks followed a pivotal decision by the Court of Appeal, which had dismissed an application by the Assets Recovery Agency (ARA). The agency had sought to prevent Sonko from accessing his bank accounts, a move that had prolonged the uncertainty surrounding his assets.
The ARA had filed its application on January 22, aiming to suspend a High Court ruling delivered on October 1 of the previous year. In that earlier judgment, Justice Nixon Sifuna had dismissed the agency’s case against Sonko. The High Court’s reasoning was that the ARA had failed to provide sufficient evidence to prove that the funds in Sonko’s accounts were the proceeds of crime. This failure was attributed to perceived gaps in the investigation, a lack of witness statements, and unverified documentation.
The ARA’s argument before the appellate court centered on the assertion that preservation orders on the funds should remain in effect while their appeal was being heard. They relied on provisions within the Proceeds of Crime and Anti-Money Laundering Act.
Upholding Legal Principles: The Court’s Reasoning
Sonko’s legal team, however, countered the ARA’s application, arguing that the law does not permit a stay of execution when a court has merely dismissed a case, rather than issuing a positive order to enforce. The Court of Appeal concurred with this interpretation.
The judges highlighted that there was no specific order to enforce, as the High Court had only dismissed the suit. They further questioned the very premise of the ARA’s application, noting that if preservation orders were to automatically remain in force in such circumstances, the need to seek a stay would be rendered moot.
In their ruling, the three-judge bench concluded that the ARA’s application lacked substantive merit and consequently dismissed it, ordering that costs be awarded to Sonko. This decision effectively grants the former governor access to funds estimated at Sh537 million, held across multiple accounts, marking the closure of a significant chapter in his long-standing legal dispute. The outcome serves as a powerful reminder of the importance of due process and the resilience of faith in the face of protracted legal challenges.
