Nairobi — The Director of Public Prosecutions Noordin Haji is set to appeal to the decision made by Chief Magistrate Douglas Ogoti acquittingformer Nairobi Governor Mike Sonko in a Sh20 million graft and money laundering case.

Sonko was acquitted alongside co-accused persons after the court found their charges defective.

Sonko faced 13 graft-related charges in what the prosecution argued resulted in the loss of Sh20 million in a City Hall procurement scandal.

The prosecutor's office argued the court did not rule on the case's merits and core issues since it found that the charge sheet was flawed.

"The ODPP will appeal against the ruling of Hon. Ogoti delivered today acquitting all accused persons in the case of the former governor of Nairobi and others. The court acquitted on the basis that the charge sheet was defective, and not on the merits and substance of the case," the Haji-led agency said on Thursday, a day after the acquittal.

Sonko and his business partner Antony Ombok were exonerated in the ruling issued by Ogoti on Wednesday due to a lack of evidence, with the magistrate characterizing the charges as flawed.

Ogoti said no proof of loss of monies was offered in court.

Haji, however, insisted that his office had sufficient proof to demonstrate the theft of public cash.

Haji added that on July 27, 2022, the prosecution had declared its case concluded after calling a total of 19 witnesses and providing 113 documentary exhibits in support of its position.

"The former Governor of Nairobi was charged alongside others with the offence of conspiracy to commit an offence of Corruption, Conflict of Interest, Money Laundering and Acquisition of Proceeds of Crime."

Sonko was impeached in December 2020 over gross misconduct, abuse of office and corruption among other charges.