Blow to DPP as court thwarts bid to lock up Lenolkulal
An application seeking to have bail revoked for Samburu Governor Moses Lenolkulal has been thrown out.
The court said it was not persuaded on claims of interference of witnesses as claimed by the Director of Public Prosecution.
“On a scale of justice the court declines to issue the orders asked by the prosecution and dismiss the application,” the Magistrate ruled.
The application to have Lenolkul’s bail cancelled was filed by the prosecution after the governor reshuffled the Cabinet.
According to the Prosecution, the move went against the tough conditions set during his bail ruling last year.
He had been granted a cash bail of Ksh.100 million or Ksh.150 million bond after denying charges of corruption and abuse of office.
The court further barred the Governor from accessing the Samburu county government offices until his case is heard and determined.
Justice Mumbi Ngugi later issued a ruling that spelt doom for governors.
The ruling instructed that elected executives cannot continue to attend to office functions when facing corruption related charges.
The Court of Appeal upheld that ruling even as the Council of Governors indicated that they would move to the Supreme Court to seek an interpretation.
“Are you barred from the physical office or barred from discharging the duties of the GOVERNOR? What does the constitution hold?” the CoG posed.
The council said there is need for direction on whether a Governor under investigations can conduct his duties away from office.
“…Is being barred from discharging his duties, does that mean it is the same as VACATING the Governor from Office to discharge his duties as an elected leader?
“…and so If it is VACATING him from office….Is is too early to bar or to stop the Governor from discharging his duties at the INVESTIGATIONS STAGE of the case against him. bearing in mind the law holds that onrbis innocent until proved guilty,” adds CoG.
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