• The focus on is on abuse of office, conspiracy to defraud, conflict of interest and attempt to conceal the fraud.
• The first witness confirmed that the amount in question was paid to the petrol station linked to the governor.
The DPP yesterday told a Nairobi court that has enough evidence to conclusively prosecute Samburu Governor Moses Lenolkulal and 10 others in the Sh84,695,996 corruption case.
State counsel Alex Akula said he has 42 witnesses to assist in proving how the county lost millions of shilling through the supply of fuel by Oryx Service Station linked to the governor and businessman Hesbon Ndathi.
He told magistrate Thomas Nzioka that the DPP will focus on issues of abuse of office, conspiracy to defraud, conflict of interest and attempt to conceal the fraud by the governor and Ndathi.
He said the evidence adduced will show how the transactions were done through payment vouchers and other documents in his possession. He will prove that the governor and Ndathi benefited from the over Sh84 million through Oryx Service Station supply of fuel to the county government.
The offences were allegedly committed between March 27, 2013, and March 25, 2019, in Maralal town.
First prosecution witness Joseph Mayani produced, among others payments vouchers, invoices, and local purchase orders allegedly used in the transactions.
Mayani, who is the county head of treasury, said he recorded a statement with EACC in March 2019 following an alleged misappropriation of the county funds.
He confirmed that the amount in question was paid to the petrol station linked to the governor.
"The payment received by the said station was facilitated by the chief officers in contravention of the law,” Mayani said.
Lenolkulal and Ndathi are charged alongside county secretary Stephen Letinina, chief finance officer Daniel Lenolkirina and former chief officer in charge of environment and natural resources Josephine Lenasalia.
The other co-accused are chief officer in charge of agriculture Reuben Lemunyete, education’s Linus Lenolngenje, transport’s Paul Lolmingani, lands’ Bernard Lesurmat, head of supply chain management Geoffrey Kitewan and Lilian Balanga.
The DPP has since dropped charges against deputy governor Julius Leseeto, Andrew Lanyasuny, who is in charge of gender and David Loosenge of the sports ministry.
The governor is out on Sh10 million bail granted in April 2019 on condition that he should not access the Samburu County government offices in Maralal.
He was also not to interfere with prosecution witnesses. Further, he was to deposit his passport in court.
The hearing continues.