Court of Appeal rejects ARA bid to freeze Sonko funds

ARA's bid to keep Mike Sonko's bank accounts frozen just got swatted down by the Court of Appeal on a basic legal technicality.

High Court backstory
  • Justice Nixon Sifuna dismissed ARA's forfeiture suit on October 1, 2025.
  • Sifuna found zero proof that the funds came from criminal activity.
  • Freeze orders on Sonko's accounts were lifted entirely.
  • ARA got hit with legal costs from that ruling.
Why the appeal court said no
  • A three-judge bench ruled that you cannot pause a dismissal order.
  • Justices M'inoti, Mwita, and Ongaya sat on the panel.
  • At least ten prior rulings back up that exact legal position.
  • M'inoti bluntly asked ARA what exactly they wanted stayed.
ARA's Section 97 argument backfires
  • Lawyer Esther Muchiri cited POCAMLA's Section 97 provision.
  • She argued that filing an appeal automatically preserves freeze orders.
  • M'inoti pointed out that logic makes the whole application unnecessary.
  • The bench refused to interpret Section 97 in this context.
How it wrapped up
  • ARA withdrew the application rather than face formal dismissal.
  • Senior Counsel Harrison Kinyanjui represented Sonko throughout.
  • Kinyanjui asked the court to exclude Section 97 from the record.
  • A costs ruling drops on March 13, 2026.
 

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