Nairobi senator Mike Sonko [PHOTO/afronewswire.com]
Nairobi County Senator Mike Sonko could lose a surety which he stood for Mombasa Republican Council founder and leader Omar Mwamnuadzi after the later absconded trial for a year.
In a Friday court hearing attended by Sonko in Mombasa, State Prosecutor Jami Yenina on Friday said that the court should decide whether or not to forfeit the Sh1 million which Sonko gave as surety after he failed to produce Mwamnuadzi.
The Nairobi senator stood surety for Mwamnuadzi and another 38 MRC members who had been charged with operating an illegal group.
However, Mwamnuadzi has since disappeared.
Yenina argued that there was no clear connection showing that Sonko colluded with the MRC leader to leave the jurisdiction of the court.
“There is no connection indicating that Mwamnuadzi was entertained by the Senator to disappear. It is the court’s discretion to justify if the surety has shown sufficient case to remain standing surety or have his surety forfeited,” Yenina said.
He however said his prosecution hoped that he (Sonko) would not withdraw his surety for the remaining accused MRC members.
“For us we hope Sonko does not withdraw out of the case as surety for the other accused MRC members as it will lead to further delay,” said Yenina.
But according to Resident Magistrate Edgar Kagoni, the only remedy after Mwamunwadzi's absconding was to forfeit Sonko’s surety.
“The only remedy after an accused has absconded court is to forfeit whatever surety had deposited in court. We cannot continue to delay the case further,” Kagoni said.
The prosecution further told the court that Mwamnuadzi had lied to the court that he had fallen ill although he had no proof of ever being admitted in hospital.
In defence, Sonko’s defence lawyer Jared Magolo told the court that his client had made efforts to search for him but the efforts were futile.
It was also reported that the family of Mwamunwadzi have no clue of his whereabouts.