The High Court on Friday reduced the bail terms of 11 Samburu county employees.
Justice Mumbi Ngugi granted Stephen Letinina, Daniel Lenolkirina, Reuben Lemunyet, Linus Leninge, Benard Lesurmat, Geoffrey Kitewan, and Hesborn Wachira Sh2 million bail or Sh5 million bond and a surety in the same amount each.
The earlier terms were Sh10 million bail or Sh30 million bond each.
Josephine Lenasalia and Paul Lolmingani, who have retired, will be released on Sh500,000 bail or Sh1 million bond and same surety. Lilian Balanga, who is also a retiree, will be released on Sh200,000 bail or Sh500,000 bond.
They are accused of conspiracy to commit corruption, leading to the loss of Sh84.6 million public funds in Samburu county.
Judge Ngugi said no uniformity in bond or bail terms imposed on persons accused of the same offence is required.
“Often, to apply such uniformity without regard to the personal circumstances of each accused persons is what amounts to discrimination and results in injustice,” she said.
The judge said each person’s circumstance would be treated differently when imposing a bond, but she gave other orders to all the suspects.
“Upon release from custody on bond, the accused shall not go to their former offices in Samburu unless accompanied by a police officer. They shall not make any contact, directly or indirectly with any of the county staff or any prosecution witnesses,” Ngugi said.
In their application for the review, the suspects argued that the court acted in an unjust and capricious manner and ignored all the legal principles with respect to bail. The prosecution did not oppose bail.
Lemunyet argued that he is a citizen of Kenya with a fixed abode and, therefore, not a flight risk.
“He is a man of modest means. He would require more than 25 years to accumulate the Sh10 million bail and should be accorded reasonable bond terms,” his lawyer argued.
The lawyer also said his client's health is fragile and he is in need of constant specialised medical attention. The applicant avers that he has cirrhosis of the liver and asthma. He requires daily medication and specialised diet.
Lesurmat is deputy county director of education, while Balanga is a former chief officer of the county who retired in 2017 and currently has no income.
Lenasalia retired in 2017 and has no job. The court heard that he is incapable of raising the bail imposed. Wachira is a businessman who has never been an employee of the county or any other state entity.
Edited by Pamela Wanambisi
