Former Nairobi Governor Mike Sonko has secured a significant legal victory, with the High Court ordering the immediate unfreezing of KSh 537 million held in his bank accounts. The ruling, delivered by Justice Nixon Sifuna, strongly dismissed an application by the Asset Recovery Agency (ARA) that sought to forfeit the funds on allegations of money laundering and illicit financial dealings.
The verdict marks a major reprieve for Sonko, who has been involved in a protracted legal battle over his finances. Justice Sifuna’s ruling on Wednesday, October 1, 2025, was unequivocal, stating that the ARA had “failed to provide sufficient evidence linking the money to money laundering.”
Sonko’s lawyer, Harrison Kinyanjui, hailed the decision as a complete vindication of his client. Speaking after the ruling, Kinyanjui emphasized the court’s finding that the ARA’s case was built on mere suspicion rather than concrete facts. “The judge said it is one thing to have suspicion about someone being involved in money laundering and the theft of county funds, and another to prove that those suspicions are based on facts,” Kinyanjui told reporters. He further criticized the ARA, stating, “The court has said, ARA, you have a mandate to 53 million Kenyans, but you did not demonstrate why you targeted Governor Sonko.”
Sonko’s lawyer Harrison Kinyanjui
Justice Sifuna also faulted the ARA for “cherry-picking” financial records, noting that they only presented statements from after Sonko became governor in 2017, while ignoring earlier records that could have demonstrated legitimate income. “A diligent and fair-minded investigator would also be expected to present statements for the period before the Respondent became Governor,” Justice Sifuna observed. He also highlighted the investigators’ failure to interview witnesses or verify Sonko’s defense, stating, “No statement was provided by any witness. It is baffling why the investigator did not deem it fit to annexe statements from persons the Respondent claims to have sold properties to.”
Sonko, through his affidavit, maintained that he had established businesses long before entering politics, including matatus, nightclubs, restaurants, cyber cafés, barber shops, and real estate. He provided documentation dating back to 2009 to support his claims of legitimate income and explained that some funds originated from property sales in Kwale and Kajiado exceeding KSh 100 million.
The court’s decision demonstrates the principle that the right to own property, enshrined in Article 40, sub-article 3 of the Kenyan constitution, can only be overridden if the property is proven to be illegally acquired. Justice Sifuna’s ruling effectively declared that the KSh 537 million frozen for five years belongs to Sonko, as the ARA failed to meet the burden of proof.
The ruling serves as a stern warning to state agencies against launching “speculative probes” without credible evidence.
