Former Nairobi Governor Mike Sonko has made fresh and explosive allegations against retired President Uhuru Kenyatta, claiming that the former Head of State interfered with his legal battle against impeachment.
Testifying in his defence in the KSh20 million graft case, Sonko told the Anti-Corruption Court that retired High Court Judge Said Juma Chitembwe confided in him that he had been contacted by Kenyatta and allegedly directed not to grant orders that would have stopped his impeachment.
Sonko, who was testifying before Magistrate Isabellah Barasa, claimed that Justice Chitembwe showed him communication which, he alleged, contained the former President’s instructions.
“Justice (rtd) Chitembwe called me and showed me communication with the retired President directing him not to grant the orders sought by Sonko in the impeachment case,” Sonko told the court.
The former Governor said he recorded his conversations with Chitembwe and would produce the recordings in court to support his testimony.
Sonko further claimed that Chitembwe had prepared a draft judgment that would have halted his impeachment, arguing that the process did not meet the required quorum.
“In the ruling, the judge had stated that my impeachment was improper as there was no enough quorum to pass the motion for my impeachment,” Sonko said.
He claimed, however, that Chitembwe did not allow him to take away a copy of the draft judgment.
Sonko told the court that Chitembwe later invited him to his residence in Mountain View, Nairobi, where they held a lengthy discussion on the impeachment case.
According to Sonko, he was accompanied by National Intelligence Service personnel whom he said presented themselves as lawyers to make the judge comfortable.
“When we went to the judge’s residence, he asked me that we go and discuss in his bedroom,” Sonko testified.
He said the two spent about seven hours discussing the impeachment case and possible ways of challenging his removal from office.
“When we retired to his bedroom from the sitting room, we found his wife. He asked her to excuse us, then we remained the two of us,” he said.
Sonko claimed Chitembwe showed him the draft judgment and alleged that the document had subsequently been destroyed following alleged instructions from Kenyatta.
He further alleged that lawyers linked to State House assisted in preparing a fresh judgment, which ultimately dismissed his attempt to stop the impeachment.
Sonko’s account relates to the legal battles surrounding his removal from office. In June 2021, a three-judge High Court bench that included Chitembwe dismissed petitions challenging Sonko’s impeachment and found that the process complied with constitutional and statutory requirements.
KSh10 million claim
The former governor also made claims concerning alleged attempts to influence proceedings at the Court of Appeal.
Sonko told the magistrate that Chitembwe allegedly asked him to provide KSh10 million in an attempt to determine whether the Court of Appeal could be compromised.
He said the money was allegedly delivered in US dollars by police officers to the judge’s chambers.
Sonko claimed police subsequently arrested him and another judge, but recovered the money from Chitembwe’s chambers.
He distinguished the alleged dealings with Chitembwe from those involving Justice David Muchelule, saying he had no matter before the latter.
“Since I was not involved in any matter before Justice Muchelule, I dealt with Justice Shitembwe,” Sonko said.
He added that he had recorded his conversations with Chitembwe and that the recordings were subsequently presented during proceedings before the Judicial Service Commission.
“I have all these recordings and I will play them before this court to prove what I am saying,” Sonko said.
Chitembwe’s conduct was previously the subject of proceedings before a tribunal established to investigate his conduct. The Supreme Court later upheld the tribunal’s decision recommending his removal from office. Court records also refer to audio and video evidence involving meetings between Chitembwe and Sonko concerning the litigation over the former governor’s removal from office.
Claims State House engineered graft case
Sonko also alleged that his KSh20 million graft case was politically engineered after he fell out with the former administration.
Led in his sworn defence by lawyer Assa Nyakundi, Sonko claimed that his troubles intensified after he declined to sign the Nairobi County budget.
He told the court that, although Kenyatta publicly maintained that they were working together, he believed the former President’s main political priority was to ensure the Building Bridges Initiative (BBI) succeeded.
Sonko further claimed that his refusal to support certain decisions led to his fallout with the national government and eventually contributed to the circumstances surrounding his impeachment and prosecution.
The former governor has denied the graft allegations against him. The KSh20 million case was reinstated for retrial after the High Court overturned an earlier acquittal, finding that the trial court had relied on an outdated charge sheet.
The allegations against Kenyatta and the former judge were made by Sonko during his sworn testimony and remain allegations before the court; they have not been established as facts.
The defence hearing continues.