Former Nairobi Governor Mike Sonko was in a jubilant mood after the Court of Appeal upheld a decision allowing him access to over KSh537 million that had previously been frozen in his bank accounts.
In a ruling delivered on Wednesday, the appellate court dismissed an application by the Assets Recovery Agency (ARA) seeking to maintain the freezing orders, effectively clearing the way for Sonko to regain control of the funds.
A three-judge bench comprising K. M’Inoti, E. C. Mwita, and B. Ongaya ruled that courts cannot stay a “negative order,” which merely dismisses a case without imposing enforceable obligations.
“It is a well-established principle that this Court will not issue an order of stay of execution where a court has merely dismissed a suit,” the judges stated.
Court Upholds High Court Decision
The court agreed with Sonko’s lawyer, Harrison Kinyanjui, who argued that the application by ARA was legally defective. The judges noted that preservation orders lapse once a case is concluded under the Proceeds of Crime and Anti-Money Laundering Act (POCAMLA).
The bench further observed that ARA had failed to provide sufficient evidence proving that the funds were proceeds of crime, thereby upholding the earlier High Court ruling delivered on October 1, 2025.
The judges also questioned why the agency sought a stay order when the law already provides clear procedures on preservation of assets.
The application was ultimately dismissed with costs awarded to Sonko.
Sonko Reacts in Celebration
Following the ruling, Sonko took to social media in celebration, singing and expressing gratitude as he marked a significant legal victory in his long-running battle over frozen assets.
The funds had been frozen since 2020 during investigations into alleged proceeds of crime, but the latest ruling removes key restrictions that had limited his access for years.
Conclusion
The decision marks a major turning point in the former governor’s legal battles, effectively restoring access to hundreds of millions of shillings previously under government restraint.
Tags
News