BY SAM ALFAN.
Embattled Samburu Governor Moses Lenolkulal has lost a bid to stop the prosecution from using certain documents from KCB Bank as evidence in a trial against him.
Trial magistrate Thomas Nzioka dismissed the objection by the Governor saying the document form part of the exhibit in which he is charged with defrauding the county government of Sh84 million.
The payments were allegedly made to a company associated with Lenolkulal from fuel consumed by motor vehicles owned by the Samburu County Government.
The said documents were being produced by the bank’s branch manager in Maralal but the Governor raised objection through his lawyer Paul Nyamondi saying the said exhibits were not given to him in advance, to enable him prepare for his defense.
The court said the bank manager will proceed and produce all the documents that form part of transactions that are subject of graft case brought against the Governor.
However, after the ruling the Governor’s through his lawyer made an application seeking to suspend the proceeding to enable him to seek review of the decision, in the High Court.
The application was opposed by the prosecution on the ground that the court does not have jurisdiction to stay the proceeding, and that a stay can only be issued by the High Court.
The bank official told the court that the petrol station was paid millions through various bank transactions from the Samburu County Government.
KCB Maralal branch manager Johnstone Kirui produced several documents showing how a petrol station associated with the Governor was paid millions from May 9, 2013. The said the county government paid the petrol station using cheques of between Sh100,000 and above.
He told the court that between May 9 to December 24, 2013, Oryx Service Station had received total of Sh3,284,760 from Samburu County Government. On May 9, 2013, Oryx Service Station received Sh375,470.
In the case Lenolkulal is charged alongside county secretary Stephen Siringa Letinina, Chief County Secretary Danuel Nakuo Lenolkirina, Josephine Naamo Lenasalia, Reuben Marumben Lemunyete. Linus Milton Lenolngenje, Paul Lolmingani, Benard Ltarasi Lesurmat, Lililian Balanga , Andrew Ropilo Lanyasunya, David England Loosenge and Geofrey Barun Kitewan.
The charges against them states that between March 27, 2013 and March 25, 2019 at Maralal town within Samburu County being Governor of Samburu county conspired to commit an offence of corruption namely abuse of office leading to unlawful payment of Sh84,695,996,55 to Lenolkulal and Oryx Service station.
