High Court has declined to grant Nairobi Governor Mike Mbuvi Sonko an anticipatory bail pending his arraignment in court over graft allegations.
Justice John Onyiego John ruled that anticipatory bail is issued upon infringement of ones rights.
He directed the applicant to serve the DPP by Monday 9th at 8 am for interpartes hearing at 9 am to determine whether Sonko’s rights have been infringed.
Under a certificate of urgency before Sonko wanted orders restraining his arrest and prosecution.
Through his lawyers, led by Cecil Miller, the court heard that the urgency is as a result of a press statement made this morning by the DPP where he ordered the arrest and arraignment of their client.
“The petitioner has already been arrested and currently at the offices of 1st respondent (EACC ),” Miller submitted.
The lawyer reminded the court that there is a petition filed by Sonko against EACC and its director Abdi Mohamed.
The Governor wants the respondents by themselves or their agents be restrained from arresting, detaining, charging or prosecuting him pending hearing of application inter parties.
The certificate is supported by an affidavit by Miller for the reason that by the time of filing the application, he had already been arrested.
Miller submitted that according to the press statement by the DPP, there is sufficient evidence to charge the persons named meaning they have concluded their investigations.
“Then there should be no reason to hold him any further, Miller added.
It was his submission that the petitioner is the Governor of Nairobi, not at flight risk and there are three summons issued to him to appear before EACC for questioning and he honoured all of them as demonstrated in the petition coming up on Monday.
He refuted claims that the Governor was on his way to Mombasa on official functions and not running away.
