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Sonko petitions court to free him from ‘illegal’ detention

Thursday, February 11th, 2021 00:00 | By
Former Nairobi Governor Mike Sonko. Photo/PD/Kenna CLAUDE

Former Nairobi County Governor Mike Sonko has moved to the High Court seeking an order for his immediate release from “illegal” detention.

Sonko, who is currently admitted at Nairobi Hospital after he was taken ill while being detained at the Gigiri Police Station in Nairobi, has asked the court to issue conservatory orders directing his immediate release from what he terms illegal detention pending hearing of his case.

“That the court be pleased to issue conservatory orders directing the immediate release of the applicant (Sonko) from illegal detention pending the hearing of the applicant,” says the former county boss through lawyer John Khaminwa.

Sonko has been detained for more than 10 days both at Kamiti Maximum Prison and Gigiri Police Station since his arrest following summons by the DCI over remarks on 2017 post-election violence.

His petition came on the day the Anti-Corruption Court is expected to rule on whether he will be produced in court in person for the mention of his Sh10 million case against him.

This is after his lawyer informed Chief Magistrate Douglas Ogoti that the former governor was unable to attend court as he is currently admitted at Nairobi Hospital, North wingsuit number three and heavily guarded by  the Anti - Terrorism Police Unit (ATPU) while at the facility.

“I do not have good news as my client is still admitted at Nairobi Hospital owing to cardiac problems, high blood pressure among other conditions,” said Khaminwa.  

The lawyer also tabled in court two medical documents from the hospital, saying the doctors have indicated that the accused condition has not improved yet.

Trumped charges

Khaminwa  further said  his client was on Tuesday returned to the hospital after his health deteriorated while appearing for his terrorism case at Kahawa Law Courts.

And in his certificate of urgency filed in court, Sonko seeks to be released from custody on grounds that he has been subjected to psychological, mental and physical torture, which is tantamount to inhuman and degrading treatment.

Sonko argues that he is currently being incarcerated at Gigiri Police Station on the basis of trumped charges brought about by Director of Public Prosecutions (DPP) and he is literally in solitary confinement where his family, friends and colleagues have been denied access or refused to see him.

Khaminwa says Sonko’s detention is infringing on his  fundamental right and freedoms.

“The continued illegal detention violates and continues to violate my freedoms and security entrenched in the constitution,” says Sonko. 

Former governor says Government  wants to use these case before Kahawa Law Court to detain him for more than 30 days in unlawful custody, arguing that he was spotted wearing a military fatigue uniform.

“These clothes are easily available at Gikomba, Eastleigh, Mutindwa, Ngara and Kenyatta markets,” he says.

Sonko  also says it’ is absurd that he is being accused of conducting acts of terrorism when he was being protected by so many police officers at that time.

“In August 2017 after I was elected the governor, the government enhanced my safety by deploying to myself up to 20 body guards including two officers from the Recce Squad, who ordinarily protect the President,” Sonko says.  

According to court documents, Sonko argues the government is being driven by impunity, malice and bad faith and they are bringing all sorts of frivolous cases that are baseless and unfounded to continue holding him in illegal.

Ex-county boss also wants an order staying his further prosecution in the graft cases pending before the Anti-Corruption Court and the criminal case at the Kiambu Law Courts.

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