Samburu Governor who is facing corruption charges has suffered a major blow after high Court dismissed his application seeking to set aside orders by trial magistrate barring him from accessing his office.
High Court Anti-Corruption Division Judge Mumbi Ngugi ruled that she was not satisfied there was an error of law in prohibiting Governor Moses Lenolkulal from accessing his office which according to the trial court is a scene of crime.
“The trial court did in making the order requiring that the applicant (Moses Lenolkulal) obtains the authorisation of the CEO of EACC before accessing his office. In the circumstances ,i am not satisfied that there has been an error of law that requires that this court revises the said order and i accordingly decline to do so”, ruled judge Ngugi.
The learned judge added that section 62(6) are contrary to the constitution requirements of integrity in governance.
“It seem to me that provisions of section 62(6), apart from obfuscating, indeed helping to obliterate the ‘political hygiene’ that Nyamondi spoke of, are contrary to the constitutional requirements of integrity in governance , are against the national values and principles of governance and the principles of leadership and integrity in chapter six , and undermines the prosecution of officers in the position of the applicant in this case. In so doing , they entrench corruption and impunity in the land”, said judge Ngugi.
Lenolkulal through lawyer Paul Nyamondi by a letter dated June 3 applied for revision of orders issued by the trial court magistrate Douglas Ogoti prohibiting the governor from accessing his office.
Magistrate Ogoti barred the governor and his co-accused from accessing any of the Samburu County offices pending hearing and determination of the criminal case against them.
Lawyer Nyamondi argued that the concern of the trial court the accused would interfere with witnesses because he is in position of authority over the prosecution witnesses is speculative as no evidence of such interference was presented by the prosecution and investigations are complete.
He added that the bail term term condition requiring the Governor to seek authorisation from the EACC CEO before accessing his office is unreasonable and unconstitutional.
Director of Public Prosecution through senior prosecutor Alexander Muteti filed an application to bar the Governor Lonelkulal, Stephen Siringa Letinina, Daniel Nakuo Lenolkirina, Josephine Naamo Lenasalia, Reuben Marumben and Paul Lolmingani from accessing the county offices.
Others barred are Benard Ltarasi Lesurmant , Lilian Balanga , Geoffrey Barun Kitewan and Hesbon Jack Wachira Ndathi. All the officials are facing corruption charges and the prosecution wants them not to access offices for at least 24 months.
The prosecution also applied an order be issued directing the director of the Integrated Financial Management and Information System (IFMIS) to bar each of the accused from accessing IFMIS platform.
” Orders be issued directing the Central Bank of Kenya Governor to bar each of the accused from accessing any of the bank accounts of the Samburu County”, added Muteti.
In the application, the prosecution alleged that the suspects are likely to interfere with witnesses or the trial.
Mr Muteti told the court that county government offices and individual offices are collectively scene of crime and need to be protected from each of the accused.
“The said offices house a number of accountable documents that shall be relied on by the prosecution witnesses and thus the need to bar each of the accused from accessing the same so as to protect the same from interference”, said Muteti.
Prosecutor Muteti said the Governor and senior county officials of the county government are bosses to a number of prosecution witnesses and therefore they have a lot of power and influence and are likely to interfere with the said prosecution witnesses if they should not be barred.