The Assets Recovery Agency attempted to halt a case that had already been dismissed, but the court ruled there was nothing to stop. The application was dismissed with costs, marking an end to Sonko’s long-running asset recovery battle.

The Court of Appeal has dealt a major blow to the Assets Recovery Agency (ARA), dismissing its attempt to freeze funds linked to former Nairobi Governor Mike Sonko. In a firm ruling delivered in Nairobi, the appellate judges found that ARA’s application had “no merit,” effectively siding with Sonko and allowing him to retain access to the contested funds.

The agency had moved to court seeking a stay of execution, essentially asking the judges to pause the High Court’s earlier decision that dismissed its case and declined to forfeit Sonko’s money to the state. However, the Court of Appeal found a fundamental flaw in that request.

The judges made it clear that you cannot “pause” a judgment that does not order anything to be done.

The earlier High Court ruling had simply dismissed the case, stating there was insufficient evidence to prove the funds were proceeds of crime.

Because of this, the appellate court explained, there was no action to suspend no money to be seized and no directive to enforce making ARA’s request legally untenable.

Citing long-standing legal precedent, the court emphasized that a dismissed case is a “negative order.” It further noted that negative orders cannot be stayed and that the only enforceable aspect would be costs, not the substance of the case.

The application was dismissed with costs, marking a clear legal win for Sonko in this phase of the long-running asset recovery battle.