Last Updated on March 5, 2026 by carolyne juma
Court of Appeal Rejects Bid to Freeze Mike Sonko’s Sh537M Funds
Update: This case was first reported in October 2025 when the High Court dismissed the Asset Recovery Agency’s attempt to declare more than Sh537 million belonging to former Nairobi governor Mike Sonko as proceeds of crime.
The Court of Appeal has dealt a blow to the Asset Recovery Agency (ARA) after rejecting its application seeking to continue freezing more than Sh537 million linked to former Nairobi governor Mike Sonko.
A three-judge bench comprising Justices Kathurima M’Inoti, Byrum Ongaya and Chacha Mwita declined the agency’s request to bar Sonko from accessing the funds held in several bank accounts.
read:Mike Sonko Faces Lawyer Lucy Momanyi in High-Stakes Defamation Case
Millions Frozen for Five Years
The funds were frozen more than five years ago during investigations into suspected proceeds of crime.
However, the High Court last year dismissed ARA’s application that sought to permanently seize the money.
Following the ruling, the agency filed an appeal and sought temporary orders to maintain the freeze pending the outcome of the appeal.
Sonko Opposes Application
Through his lawyer Harrison Kinyanjui, Sonko opposed the application.
He argued that the agency had failed to prove that the funds were linked to any criminal activity.
Kinyanjui told the appellate court that ARA did not meet the legal threshold required under Rule 5(2)(b) of the Court of Appeal Rules to justify preventing Sonko from accessing his funds.
Sonko Says Funds Already Accessed
Sonko further informed the court that he had already accessed a substantial portion of the money after the High Court lifted the freezing orders.
According to him, the agency would not suffer any irreparable loss.
“By the time the Applicant came before this Court of Appeal under the instant Motion, I had already accessed a substantial part of my money that was subject of the freezing orders,” Sonko told the court.
No Evidence of Crime
The former governor insisted that no evidence had been presented to show the money was obtained illegally.
He said the High Court judgment delivered on October 1, 2025, allowed him to access the funds lawfully.
“There is not a shilling of the subject monies that has been shown or demonstrated to be proceeds of crime,” Sonko stated.
He also pointed out that ARA’s investigating officer Corporal Isaac Nakitare had not presented evidence linking the funds to any criminal activity.
“Third Bite at the Cherry”
Lawyer Harrison Kinyanjui accused the agency of repeatedly attempting to block Sonko from accessing the funds.
He described the latest application as a “third bite at the cherry”, noting that the agency had previously made similar unsuccessful applications before Justice Nixon Sifuna and Justice Njuguna.
Kinyanjui argued that the repeated attempts were meant to deny Sonko the fruits of the High Court judgment.
read:Nairobi Lawyer Michael Otieno Owano Arrested in Ksh.79M Gold Scam Targeting Canadian Investor
Awaiting Court of Appeal Ruling
Sonko maintained that the High Court correctly found that no specific offence had been established against him.
He urged the appellate court to dismiss the application with costs.
The Court of Appeal is expected to deliver its ruling on the application on March 13, 2026.
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