Prosecutors from the Office of the Director of Public Prosecutions (DPP) were a no-show during the hearing of former Nairobi Governor Mike Sonko’s Sh357 million graft case.
This is the second day running that the DPP has failed to show up which drew the ire of Magistrate Eunice Nyutu.
When the matter was called out for hearing the prosecutor was absent and no explanation was given from the DPP’s office.
Nyutu declined to drop the case against Sonko and 16 others after an application by his lawyers led by Assa Nyakundi.
The DPP however, has applied to drop the case against Hardy Enterprises Limited, Toddy Civil Engineering Limited, Antony Mwaura and Rose Njeri.
The magistrate in her ruling said that the matter is of great interest and therefore the case cannot be terminated as requested by the lawyers.
“The prosecutor is a complainant in all the criminal hearings and when the prosecutor fails to turn up in court then there is no case against the accused persons,” she ruled.
She adjourned the matter to November 15, to enable DPP to give direction on the case.
She directed that the ruling be placed before DPP Renson Ingonga for action and that it be taken to the National Council of Administration of Justice for a dialogue on how to proceed with the case.
Nyutu said that prosecutors from the DPP’s office should do their work in a manner that promotes public interest and the public good, adding that sabotaging and abandoning of cases should not be condoned and that the office should be held accountable.
Sonko and his co-accused face charges of economic crimes, abuse of office, unlawful acquisition of property, and irregular payments which saw Nairobi County lose Sh356 million during his reign as county boss.
They have all denied the charges and are out on a Sh15 million cash bail.