Former Nairobi Governor Mike Mbuvi Sonko has scored a major legal victory after the Court of Appeal dismissed an attempt by the Assets Recovery Agency (ARA) to block his access to millions of shillings previously under scrutiny.
In a ruling delivered by appellate judges Kathurima M’inoti, Chacha Mwita, and Bryam Ongaya, the court found that ARA’s application lacked legal grounding.
The agency had sought to suspend the execution of a High Court decision that dismissed its case against Sonko. However, the judges held that such an order could not be granted in the circumstances.
“To the extent that the applicant seeks an order of stay of execution against a judgment dismissing its suit, the Court cannot issue such an order,” the bench ruled, adding that the application dated January 22, 2026, was without merit and would be dismissed with costs.
The decision effectively lifts any remaining barriers to Sonko accessing the contested funds.
The dispute traces back to a ruling delivered on October 1, 2025, when High Court Judge Nixon Sifuna dismissed ARA’s suit seeking to have the money forfeited to the State. The agency had alleged that the funds were proceeds of crime linked to Sonko.
In his judgment, Justice Sifuna found that the agency had failed to provide sufficient evidence to support those claims.
“There is no legal basis for ordering forfeiture of the said funds to the Kenyan government as proceeds of crime,” he ruled, dismissing the case with costs.
During the proceedings, Sonko, through his lawyer Harrison Kinyanjui, maintained that the funds were lawfully acquired and could not be tied to any criminal activity.
The latest ruling by the Court of Appeal now cements that position, marking a significant setback for the Assets Recovery Agency in its efforts to recover alleged proceeds of crime.
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