Former Nairobi Governor Mike Sonko can now access his millions after the Court of Appeal dismissed an application by the Asset Recovery Agency seeking to block release of the funds.
Judges Kathurima M’inoti, Chacha Mwita, and Bryam Ongaya ruled that the application by ARA seeking stay of execution of a High Court judgement that cleared sonko had no merit.
“To the extent that the applicant seeks an order of stay of execution against a judgment dismissing its suit, the Court cannot issue such an order. Accordingly, the applicant’s notice of motion dated 22nd January 2026 has no merit and is hereby dismissed with costs to the respondent,” the judges ordered.
On 1st October 2025, the High Court dismissed the suit by the agency seeking to have the money forfeited to the State on grounds that the same was proceeds of crime.
Justice Nixon Sifuna ruled that there was no sufficient evidence to support the assertion that the funds flagged by ARA are proceeds of crime.
“There is, therefore, no legal basis for ordering forfeiture of the said funds to the Kenyan government as proceeds of crime. In consequence, the suit fails and is hereby dismissed with costs,” Justice Sifuna ruled.
Sonko’s lawyer Harrison Kinyanjui had argued that the funds in question were legitimate and not in any way proceeds of crime.