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Samburu graft suspects freed on Sh10m bail

Defence lawyers say bail is too high for people from marginalised counties

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by akello odenyo

News05 April 2019 - 15:41
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In Summary


• Defence lawyers say bail too high for people from marginalised counties. 

• DPP wants them to declare the source of bail.

Samburu Governor Moses Lenolkulal whose residence was raided by the EACC yesterday in a Sh2bn graft probe.

The Samburu county employees, former staff and trader charged in court this week have been released on Sh10 million bail each.

They can alternatively each post Sh30 million bond and a surety of a similar amount, Milimani chief magistrate Lawrence Mugambi ruled on Friday. 

The employees are to, however, not access their offices, the court ruled.

The 10 are charged with conspiracy to commit a corruption offence and abuse of office. They pleaded not guilty.

Samburu Governor Moses Lenolkulal, who was also arrested and charged this week, will take a fresh plea on April 29. 

Mugambi said the orders given by High Court judge Mumbi Ngugi still stand. The Integrated Financial Management Information System director was ordered by the High Court to suspend the access rights of the accused.

Mugambi ruled, “This file shall be taken to chief magistrate Teresia Murugi, who will handle all the applications made and trails henceforth.” 

The accused are county secretary Stephen Letinina, chief officers Daniel Lenolkirina (Finance), Reuben Lemunyete (Agriculture) and former chief officers  Josephine Lenasalia (Environment) and Linus Lenolngenje (Education).

Others are chief officers Paul Lolmingani (Transport), Bernard Lesurmat (Lands), Lillian Baluga (former Gender chief officer), Geoffrey Kitewan (head supply chain management) and businessman Hesbon Wachira. 

Prosecutor Alexander Muteti did not oppose their application for bail but asked that the Sh10 million bail given to the first accused, Lenolkulal, apply to all the other accused.

He asked the magistrate to order the accused to declare the source of the money, if they opt for bail, to avoid turning the court into a money laundering unit.

“If they opt for a surety, we ask the court to order that necessary verification is undertaken by EACC before such property is accepted,” Muteti said.

He asked that the Samburu bank account signatories cease to transact on behalf of the county.

“I also ask the court to order the Central Bank governor not to transact with any of the accused,” Muteti said.

Lawyer Paul Nyamodi, representing Letinina, said it is unreasonable to ask suspects to declare the source of cash as it would amount to denial of bail.

He said the CBK governor is not a party to the hearing, and neither is the EACC. 

“The authorities can continue with investigations as that does not relate to this proceeding,” Nyamodi said. 

Defence lawyers said Sh10 million bail was too high, considering the accused are from marginalised counties and their job groups cannot allow them to pay that sum. Some of them, they argued, have their bank accounts frozen.

They said such a huge amount has never been imposed on anyone else. 

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