Nairobi — The Public Prosecutor on Thursday failed to appear in court for the hearing of the Sh357 million graft case against former Nairobi Governor Mike Sonko weeks after unsuccessfully seeking an adjournment.

The Office of the Director of Public Prosecutions (ODPP) did not explain its inability to send an attorney before trial Magistrate Eunice Nyutu who had initially declined a bid for adjournment.

ODPP had expressed its intention to have the hearing rescheduled to allow time for the determination of an application seeking to drop four co-accused persons from the case.

Hardy Enterprises Limited, Toddy Civil Engineering Limited, Antony Mwaura and Rose Njeri were identified among those to be discharged.

Following DPP's failure to appear in court, lawyers representing accused persons asked the court to terminate the case against Sonko and co-accused persons under 204 of the Criminal Procedure Code (CPC) citing the failure of the complainant to appear in court.

"Since the complainant is absent this means there is no case against our client Sonko...we urge you to discharge the accused herein," the lawyers told the court.

The bid was however declined by the court.

"The conduct of the DPP is wanting. It is unfortunate that the DPP has chosen to get an adjournment through sheer arm twisting of the court," the Magistrate said.

The Magistrate cited Article 160 of the Constitution asserting the independent exercise of judicial authority.

The court adjourned the case on condition that the ruling be placed before the National Council for Administration of Justice for dialogue on the conduct of the prosecution in the case and others.

In the case, the DPP accuses Sonko alongside 16 others, including private liability companies, of embezzling public funds from Nairobi County.