Close Menu
    Facebook X (Twitter) Instagram
    Facebook X (Twitter) Instagram
    KahawatunguKahawatungu
    Button
    • NEWS
    • BUSINESS
    • KNOW YOUR CELEBRITY
    • POLITICS
    • TECHNOLOGY
    • SPORTS
    • HOW-TO
    • WORLD NEWS
    KahawatunguKahawatungu
    NEWS

    Appeals court dismisses ARA attempt to block release of Sonko millions

    Pinnah MokeiraBy Pinnah MokeiraMarch 5, 2026No Comments3 Mins Read
    Facebook Twitter WhatsApp Telegram Email
    Appeals court dismisses ARA attempt to block release of Sonko millions
    Appeals court dismisses ARA attempt to block release of Sonko millions
    Share
    Facebook Twitter WhatsApp Telegram Pinterest Email Copy Link

    The Court of Appeal dismissed an attempt by the Assets Recovery Agency (ARA) to block the release of Sh537 million held in accounts linked to former Nairobi Governor Mike Sonko.

    In a ruling delivered on March 4, a three-judge bench comprising Justices Kathurima M’inoti, Chacha Mwita, and Bryam Ongaya held that it lacked the jurisdiction to grant a stay of execution against what it described as a “negative order” issued by the High Court.

    The ARA, through lawyer Esther Muchiri, had moved to the appellate court seeking to stay a judgment by Justice Sifuna, who had previously dismissed the agency’s suit against Sonko with costs and lifted preservation orders that had frozen the funds since February 2020.

    However, during the mention, Justice M’inoti questioned the legal basis of the application, he said the court cannot issue a stay against a dismissal.

    “I mean, you are aware of consistent decisions of this court that it cannot issue a stay of execution in respect of a dismissal. There is nothing to stay in a dismissal,” court said.

    The judge said that since the High Court dismissed the case, it did not order anyone to do anything, leaving the situation as it was.

    According to Muchiri, the application is about preserving assets subject to the main appeal, arguing that a preservation order automatically subsists once an appeal is filed.

    She argued that Section 97 of the Proceeds of Crime and Anti-Money Laundering Act provides that preservation orders remain in force once an appeal is filed.

    The bench however rejected this line of reasoning, stating that if the preservation is automatic, then the application for a stay was unnecessary and not a matter they needed to decide.

    “Then you didn’t have to make this application. If it is automatic, then they don’t have to make this application. We have nothing to do with that,” Justice M’inoti said.

    After the court made its position clear, Muchiri withdrew the application.

    Senior Counsel Harrisson Kinyanjui, representing former Nairobi Governor Mike Sonko, did not object to the withdrawal but requested that costs be awarded.

    The bench reserved its ruling on the issue of costs, which is scheduled to be delivered on March 13.

    While dismissing ARA’s suit, Justice Sifuna held that the agency had failed to prove that the money in question constituted proceeds of crime.

    He lifted the preservation orders that had frozen the funds since February 2020 and awarded costs.

    The judge criticized ARA for selective investigations, the absence of key witness statements, and reliance on unverified property sale agreements, ruling that the agency had not met the legal burden required in civil forfeiture proceedings.

    Email your news TIPS to Editor@Kahawatungu.com — this is our only official communication channel

    Follow on Facebook Follow on X (Twitter)
    Share. Facebook Twitter WhatsApp LinkedIn Telegram Email
    Pinnah Mokeira

    Related Posts

    Mackenzie, seven others charged over Kwa Binzaro massacre

    March 4, 2026

    Wetang’ula, leaders defend pilot, urge stricter airspace rules after fatal crash

    March 4, 2026

    Kenya Airways to operate Nairobi–Dubai repatriation flights after limited reopening of Dubai

    March 4, 2026

    Comments are closed.

    Latest Posts

    Appeals court dismisses ARA attempt to block release of Sonko millions

    March 5, 2026

    Cindy Crawford Net Worth

    March 5, 2026

    Tatjana Patitz Net Worth

    March 5, 2026

    Christy Turlington Net Worth

    March 5, 2026

    Linda Evangelista Net Worth

    March 5, 2026

    Congress votes to summon Attorney General Bondi in Epstein case

    March 5, 2026

    Trade court orders tariff refunds in setback for Trump administration

    March 5, 2026

    US Senate vote fails to rein in Trump war powers on Iran

    March 5, 2026
    Facebook X (Twitter) Instagram Pinterest
    © 2026 Kahawatungu.com. Designed by Okii.

    Type above and press Enter to search. Press Esc to cancel.