High Court reduces Governor Lenolkulal cash bail from Ksh.100M to Ksh.10M

The High Court on Wednesday reduced Samburu County Governor Moses Lenolkulal’s cash bail from the previously set amount of Ksh.100 million to Ksh.10 million.

Justice Mumbi Ngugi further slashed Governor Lenolkulal’s bond from Ksh.150 million to Ksh.30 million with a surety of a similar amount.

According to Justice Ngugi, the previous bail/bond terms imposed by Anti-Corruption Court Chief Magistrate Douglas Ogoti on Tuesday were excessive and could amount to denial of bail.

“It has not been demonstrated that he is a flight risk, and I note that the Prosecution did not oppose his application for bail,” read the ruling.

“The applicant has also been barred from accessing County offices, so the apprehension that he may interfere with witnesses is not a consideration.”

In the case, Governor Lenolkulal is charged with conspiracy to commit an offence of corruption, abuse of office, conflict of interest and unlawful acquisition of public property contrary to the law, charges to which he pleaded not guilty on Tuesday.

He was accused of irregularly obtaining Ksh.84.7 million by supplying fuel to the Samburu County Government through his fuel company, Oryx Service Station between March 27, 2013 and March 25, 2019.

“Between March 27, 2013 and March 25, 2019, at Samburu County, being the Governor of Samburu County Government, you used your office to improperly confer upon yourself a benefit of Ksh.84,695,996.55 through Oryx Service Station, a business entity owned by yourself, through the supply of fuel to Samburu County Government,” read the charge sheet.

In addition to the Ksh.100 million cash bail or bond of Ksh.150 million, Magistrate Ogoti had barred Governor Lenolkulal from accessing the Samburu county government offices until the case is heard and determined.

The Samburu county chief, however, on Wednesday morning filed for a review of the bail amount at the High Court Anti Corruption Division saying he was unable to raise the amount.

“My Lord the accused is greatly aggrieved by the said terms which are completely outrageous and unprecedented. It goes against the bail and bond policy, specifically that the bond amount should not be excessive and should not be greater than necessary to guarantee that the accused persons will appear in court,” lawyer Paul Nyamodi said.