Court Quashes George Wainaina Corruption Case

The High Court has terminated a corruption case against Nairobi County Chief of Staff George Wainaina Ndungu, ruling that the prosecution amounted to an abuse of the court process and the criminal justice system.

In a decisive ruling, Justice Joseph Onguto barred the Anti-Corruption Court from continuing with the graft trial that had commenced early last year, effectively bringing the case to an end.

Court Faults Prosecution Process

Justice Onguto agreed with Wainaina’s submissions that the manner in which investigations were conducted—particularly the role played by Nairobi Senator Mike Mbuvi Sonko—went beyond that of a mere complainant.

The judge found that Sonko’s involvement in the investigations leading to Wainaina’s arrest raised serious constitutional concerns and compromised the independence of the criminal justice process.

“The charges and the manner in which they were instituted amount to an abuse of the court process,” the judge ruled.

Question Over EACC’s Authority

Wainaina had moved to the High Court challenging his prosecution on grounds that at the time the Ethics and Anti-Corruption Commission (EACC) recommended charges against him, the commission had no commissioners or chairperson in office, rendering the decision unconstitutional.

Through his lawyer James Ochieng’, Wainaina argued that the prosecution violated his constitutional rights and freedoms and was not supported by proper or impartial investigations.

Alleged Sh7 Million Solicitation Claim

In his sworn affidavits, the embattled county official sensationally claimed that Senator Sonko allegedly solicited Sh7 million from him to have corruption allegations dropped.

According to court documents, the alleged solicitation was made through Nairobi TNA party chairman John Njoroge and Brian Kamau Mugo, who reportedly claimed they were authorised by the senator to broker the deal.

“The two floated a figure of Sh7 million to facilitate the withdrawal of the bribery case,” Wainaina stated in his filings.

He further claimed that similar proposals were made to his brother Moses Wainaina Njogu and John Gichua Njogu.

Claims of Malicious Prosecution

Wainaina accused the Director of Public Prosecutions (DPP) and the EACC of acting at the instigation of Senator Sonko to arrest and prosecute him without proper investigations, while also issuing disparaging public statements that damaged his reputation.

“The findings of the respondents are not based on any factual information arising from investigations,” Wainaina argued.

He further contended that the prosecution amounted to criminal besmirching, aimed at tarnishing him in his capacity as Nairobi County Chief of Staff.

Original Bribery Charges

Wainaina had been charged with attempting to bribe Senator Mike Sonko with Sh1 million.

According to the charge sheet, it was alleged that on January 5, 2016, at the Kenyatta International Convention Centre (KICC) offices of Senator Sonko, Wainaina—being a public officer employed by Nairobi County—corruptly offered the money as an inducement to stop the senator from pursuing claims that senior county officials were constructing private and development houses using public funds.

Wainaina denied the charges and was released by Principal Magistrate Felix Kombo on a Sh2 million bond or Sh800,000 cash bail pending trial.

The High Court decision now brings the matter to a close.