By ADEN KIPRUTO
Newly appointed Environment and Land Court Judge Charles Ondieki has been allowed to return to the magistrates’ court to conclude former Nairobi Governor Mike Sonko’s Sh20 million graft case, in an exceptional judicial arrangement approved by Chief Justice Martha Koome.
The unusual development came to light on Tuesday, August 18, 2026, when Sonko and his co-accused, businessman Antony Ombok Jamal, appeared before Justice Ondieki for directions on the final stage of the trial.
The judge was given permission by the Chief Justice to complete the proceedings after having substantially heard the case while serving as a magistrate at the Milimani Anti-Corruption Court.
Justice Ondieki is now officially a judge of the Environment and Land Court, having been among 37 judges appointed and sworn into office earlier this year. According to Judiciary records, he served in the magistracy from 2012 to 2025 before his elevation to the High Court bench.
His return to the graft trial has created an unusual situation because he is no longer a magistrate attached to the Milimani Anti-Corruption Court, where the case is pending.
The arrangement followed a request by Sonko to Chief Justice Koome to allow Ondieki to bring the long-running proceedings to an end rather than have another judicial officer take over the matter at an advanced stage.
Sonko’s lawyers argued that transferring the case to another magistrate could result in significant delays, particularly because the trial had already progressed to the defence stage.
The request was first raised in court in June when Sonko’s lawyer, Assa Nyakundi, informed Anti-Corruption Chief Magistrate Harrison Barasa that restarting or substantially continuing the proceedings before a different judicial officer could further delay a case that has been before the courts since 2020.
Nyakundi told Justice Ondieki on Tuesday that the defence was grateful to the Chief Justice for treating the matter as an exceptional case.
“It is not easy, and it hasn’t happened every other day that when somebody has been promoted to the High Court, you are called upon to handle a matter like this,” Nyakundi said.
He said allowing Justice Ondieki to complete the case would spare the parties the difficulties associated with beginning the proceedings afresh.
“We really appreciate the fact that this has happened, because then you can imagine what it would have meant for us to go back from the beginning,” he added.
The development highlights one of the practical challenges that can arise when judicial officers are promoted or transferred while presiding over lengthy trials.
In criminal proceedings, a change of judicial officer at an advanced stage can raise concerns over delays, the need to familiarise a new magistrate with a voluminous record and, depending on the circumstances, the possibility of witnesses having to testify again.
For the defence, allowing Justice Ondieki to conclude the matter offers continuity at a critical stage of the trial.
The lawyers told the court that only a small number of defence witnesses remained, making it possible to complete the proceedings within the limited time available to Justice Ondieki.
Sonko’s defence disclosed that the former governor would be the only remaining defence witness on his side.
He is also expected to rely on a video recording as part of his defence evidence.
His co-accused, businessman Antony Ombok, a director of ROG Security Limited, will also testify in his defence. Ombok is expected to rely on evidence already placed before the court as he seeks to challenge the allegations against him.
The case has been in court for several years and has attracted considerable public interest because of Sonko’s previous position as Nairobi governor and the corruption allegations arising from county government operations.
Sonko and Ombok are facing charges including abuse of office, conflict of interest, money laundering and acquisition of proceeds of crime.
In January 2025, then-Magistrate Ondieki ruled that the prosecution had established a case requiring the two accused persons to answer, paving the way for the defence hearing.
The ruling marked a significant stage in the proceedings because it meant the court had found sufficient evidence, at that point in the trial, to require the accused to respond to the allegations rather than dismissing the case for lack of evidence.
The prosecution’s case revolves around allegations of a Sh20 million corruption scheme linked to a Nairobi County revenue-collection tender awarded in 2019 to Web Tribe Limited, trading as JamboPay.
The prosecution has alleged that the accused persons were involved in irregular dealings surrounding the tender and that the transactions resulted in benefits connected to the alleged offences.
Sonko and Ombok have denied the charges and are now expected to present their defence as the trial enters its final phase.
The decision to retain Justice Ondieki on the matter means the judge will complete a case in which he has already heard a substantial portion of the evidence, rather than handing the file to another judicial officer unfamiliar with the proceedings.
The parties have also agreed to streamline the remaining evidence in an effort to ensure the case is concluded without unnecessary delays.
Justice Ondieki has fixed October 12, 13, 14 and 15, 2026 for the final defence hearing.
The dates are expected to provide the court with an opportunity to hear the remaining defence evidence and move the long-running case closer to its conclusion.
For Sonko, the conclusion of the trial will mark another important chapter in a corruption case that has followed him since his tenure as Nairobi governor.
For the Judiciary, meanwhile, the case provides an unusual example of how continuity can be preserved when a judicial officer is promoted before completing a trial he or she has substantially handled.
The arrangement is particularly significant because the case has already consumed several years and is now at the final defence stage. Starting afresh before another magistrate would potentially prolong the proceedings even further.
With only Sonko and Ombok expected to give their remaining defence evidence, the parties now have a clear timetable for bringing the trial to its final stage.
