Former Nairobi Governor Mike Sonko broke into song and celebration after the Court of Appeal upheld a decision allowing him access to over Sh537 million previously frozen in his bank accounts.
In a ruling delivered on Wednesday, the appellate court dismissed an application by the Assets Recovery Agency (ARA) that sought to continue freezing the funds, effectively clearing the way for Sonko to regain control of the money.
A three-judge bench comprising K. M’Inoti, E. C. Mwita and B. Ongaya declined to stay the High Court’s decision, emphasizing that courts cannot suspend what is legally termed a “negative order” — a judgment that simply dismisses a case without imposing obligations.
“It is a well-established principle that this Court will not issue an order of stay of execution where a court has merely dismissed a suit,” the judges ruled.
The court agreed with Sonko’s lawyer Harrison Kinyanjui, who argued that the application by ARA was legally flawed, noting that preservation orders lapse once a case is concluded on merit under the Proceeds of Crime and Anti-Money Laundering Act (POCAMLA).
Judges further pointed out that the agency had failed to provide sufficient evidence to prove the funds were proceeds of crime, upholding an earlier High Court judgment by Sifuna delivered on October 1, 2025.
They also questioned the logic of ARA’s application, asking why the agency sought a stay if the law already provided for automatic preservation of the funds.
“The dismissal order cannot be enforced, and is not capable of execution… the High Court simply determined the suit,” the bench noted, adding that the agency had pursued the wrong legal remedy. The application was consequently dismissed with costs awarded to Sonko.
Following the ruling, Sonko took to social media in jubilation, singing and declaring “nasema asante” (I say thank you), marking a major legal victory in a long-running battle over his finances.
The funds had been frozen since 2020 as part of investigations into alleged proceeds of crime, but the latest decision significantly lifts restrictions that had limited his access for years.
