Nairobi Senator Mike Sonko [PHOTO/standardmedia.co.ke]

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A criminal land case involving Nairobi Senator Mike Mbuvi Sonko as a prosecution witness has now failed to take off.

He was a witness slated to give testimony in the case Ruwa Mwaruwa Kurera is accused of using fraud to obtain Sh16 million from German Morgenstern Joachim that he did not own.

The prosecution told the court that Kennedy Mokaya, witness bonded to testify, said he could not manage to appear in court.

According to the German's lawyer Lucy Momanyi, there was need for the court to urgently resolve the matter since the case had stalled since 2012.

She asked the court to use its powers to summon any witness who fails to appear.

"My client lost more than Sh20 million in this matter and the prosecution seems to be very reluctant to deal with it," Ms Momanyi said.

The German's lawyer wrote to the DPP requesting that Sonko be investigated, saying the senator was part of the alleged transaction.

On June 6, 2012, in a letter to the DPP, the lawyer wrote to court saying her client recognised Sonko as one of the suspects.

She insisted that the German recognised Sonko from the later swearing-in ceremony of MPs after he was elected to Parliament.

She accused Sonko of being one of the beneficiaries of the money that was obtained from the fraud.

But according to a police statement dating back to 2010, Sonko denied the claims, arguing that he knew nothing over the transaction.

He also denied ever using an identity card with the name Mike Munga Kurera and his photograph.

"I was informed that the said identity card had been used by somebody who fraudulently assisted one Ruwa Mwaruwa Kurera to obtain Sh16 million from a German national by pretending he had a beach plot in Shanzu for sale," Sonko said in the statement.