Evans Kidero, Nairobi Governor (right), flanked by Jambo pay CEO Danson Muchemi (centre) and Jonathan Mueke Deputy Governor Nairobi during the unveiling of 2.7 billion ePayment Service for Single Business Permits and Land Rates in Nairobi. [FILE/Standard]

A 57-minute audio recording detailing a multi-million shilling bribery scheme involving former Nairobi Governor Mike Sonko and JamboPay director Danson Muchemi was played in open court on Thursday.

The recording, submitted as defense evidence in a Sh20 million graft case facing Sonko and businessman Anthony Ombok Jamal, was played before the Milimani Anti-Corruption Court, offering a chilling glimpse into alleged deep-rooted corruption at City Hall during Sonko’s tenure.

The audio captures a wide-ranging conversation between Sonko, Muchemi, and at one point, Nairobi Majority Leader Abdi Guyo, now the Isiolo Governor.

In the recording, Muchemi is heard promising Sonko daily bribes ranging from Sh4 million to Sh5 million in order to retain JamboPay’s lucrative revenue collection contract with Nairobi County.

“If you allow me to work with me, utakua unapata between Sh3 million and Sh5 million daily, depending on how we run this," Muchemi promised Sonko.

In another damning portion, Muchemi is heard telling Sonko about the revenue collection system operated under former Governor Evans Kidero, while outlining plans to continue similar practices under Sonko.

“Your Excellency (Sonko), ile pesa imeibiwa Nairobi County ni mingi sana,” Muchemi is heard saying.

“Kwa five years Kidero alitengeneza Sh7 billion kwa hii revenue collection digital system pekee yake.”

The court also heard Muchemi claiming that at the time of the meeting, the Nairobi County Cooperative Bank account had Sh104 million before proceeding to explain how the payments of the digital system operated, and that cartels had "completely infiltrated City Hall."

“City Hall is entirely invaded by cartels,” Muchemi is recorded saying. “Corruption imejaa, and unless we take control, hatuwezi enda mbali.”

The court listened intently as Muchemi explained to Sonko how the system operates and how revenue was being collected.

Another explosive part of the recording involved political undertones, with Sonko adversely naming top officials at State House.

“The president has captured the Nairobi County Assembly,” Sonko is heard saying in the recording, though the president’s name was not mentioned directly.

In one section, Sonko is heard making a phone call to a woman, discussing accounting procedures and how money was to be accounted for, and how “the President was expecting an update on the money.”

The court heard that the audio recording was secretly recorded by Sonko during a meeting held between him and Jambo Pay CEO Muchemi at his Kilifi County residence.

The recording was played in court to corroborate the oral evidence tendered in chief by Chief Inspector Kiptoo Kisorio, now the Sub-County Police Commander in Hulugho, Garissa County, on Wednesday, who is part of the 15 defence witnesses lined up by Sonko.

In his evidence, Kisorio told the court that the recording was made after Sonko had reported to Mtwapa police station of suspicions that Muchemi was attempting to bribe him in a bid to retain JamboPay’s contract for revenue collection with the Nairobi County government.

The governor had sought the police’s assistance in recording the incriminating bribery conversation between him and Muchemi, who had visited him at his home in Kilifi County.

“The Governor said Muchemi was visiting him at his Kanamai residence. He wanted help arresting him if he attempted to bribe him,” Kisorio recounted

Police officers, acting on Sonko's tip-off, planted a recording device to capture the incriminating exchange.

“Your honour, I do recall on January 10, 2019, around 11:00 a.m., I was summoned by the Deputy DCIO Mtwapa. It was there I met the then Governor Sonko, who informed me that Muchemi was planning to bribe him,” Kisorio told the court.

According to Kisorio, the entire sting operation was documented under OB number 35/10/01/2019 at Mtwapa Police Station. He and his team issued Sonko with a Sony ICD-PX470 recorder (serial number 1161788) and instructed him on its use.

 “We stayed in another room while the meeting occurred. After the meeting ended, the governor returned the device to us. I prepared an inventory immediately and later submitted the recording to DCI Headquarters,” Kisorio said.

He added that a certificate authenticating the recording was prepared on January 10, 2019, in compliance with evidentiary standards.

After the playing of the audio recording on examination by lawyer Assa Nyakundi, Kisorio affirmed that the audio contained clear evidence of Muchemi offering daily bribes to the governor and boasting of Kidero’s alleged Sh7 billion revenue haul from the same system.

Kisorio told the court he could identify the voices of three key individuals, including former Governor Sonko, Danson Muchemi, and then-Nairobi County Assembly Majority Leader Guyo.

“From the recording, it is clear the governor wanted to understand how the system operated and how the revenue was collected,” Kisorio testified. 

“There was even a discussion on how the same receipt could be reused to collect more money fraudulently.”

The former governor, who has been found with a case to answer, is battling 11 corruption-related charges brought by the Director of Public Prosecutions (DPP).

The case continues as the defence witnesses continue.