Former Governor Mike Sonko Allowed Access to Over Ksh 537 Million
The Court of Appeal has rejected the Assets Recovery Agency’s (ARA) urgent bid to freeze millions of shillings linked to former Nairobi Governor Mike Sonko, paving the way for him to potentially access the funds while the main appeal proceeds.
In a ruling delivered on Wednesday, March 25, 2026, a three-judge bench dismissed ARA’s application for a stay of execution, describing it as lacking merit and noting that the High Court’s earlier judgment did not issue any positive orders that could be paused.
The dispute stems from ARA’s attempt to have the funds declared proceeds of crime and forfeited to the state under the Proceeds of Crime and Anti-Money Laundering Act (POCAMLA). However, on October 1, 2025, the High Court dismissed the agency’s suit, ruling that the evidence presented was insufficient. ARA had then filed a Notice of Motion on January 22, 2026, seeking to prevent the release of the money pending its appeal. The appellate court firmly held that a dismissed case constitutes a “negative order,” which cannot be stayed, and only costs awarded in the matter are enforceable.
Legal analysts say the decision represents a significant win for Sonko in the ongoing asset recovery battle. With the stay application thrown out, the High Court’s order unfreezing the accounts remains in effect, meaning the former governor can now access the disputed sum — reported to be over Ksh 537 million held in various bank accounts. The substantive appeal by ARA is still pending, but for now, the funds are not under freeze. The ruling underscores the high evidentiary threshold required in civil asset forfeiture cases and could influence how future recovery proceedings against public figures are handled in Kenya.
