Former Nairobi governor Mike Sonko who is famous for recording phone calls and releasing them to the public has won a case filed by city lawyer Cecil Miller without stepping in court or even hiring advocates to represent him.
High Court judge Hedwig Ongudi has dismissed a case Miller filed against Sonko over a series of call recordings that the former governor posted on his social media handles.
Despite being served with the court papers, Sonko did not lift a finger. He did not hire lawyers, enter appearance or file a defence in the case.
The former Nairobi governor is notorious for secretly recording calls and shooting videos of people he discusses sensitive issues with, and posts them on social media when things don’t go his way.
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The habit has gotten Sonko the nickname recording artiste.
Sonko posted the call recordings and several other videos to show that Miller and former Kilifi governor candidate George Kithi colluded with other individuals to ensure that the former Nairobi governor was impeached.
Miller sued Sonko in November 2021 and obtained orders barring Sonko from publishing more videos or call recordings that may tarnish his name.
Judge Ongudi dismissed the case after Miller failed to attach CDs and flash disks with the recordings he claimed violated his right to privacy.
“Under the law, he who alleges a fact must prove it. It was the duty of the petitioner to prove the allegations against the respondents by placing material before this court in support of his claims, of recordings and publication,” said Justice Ongudi before throwing the case out.
“This is a requirement despite the fact that the respondents did not file a response to the petition. The court can only issue the orders sought upon being satisfied that indeed the alleged recordings and postings exist. In this case the petitioner has not proved any of the above and the petition must fail,” said the judge.
