Samburu Governor Moses Lenolkulal yesterday failed to stop the prosecution from using bank documents as evidence against him.
Trial magistrate Thomas Nzioka said the objection by the governor that the prosecution should not use bank documents into which the county paid money to his account will not be allowed.
The court said the documents forms part of the exhibit.
Lenolkulal is charged with defrauding the county government of Sh84 million that was paid to his company for fuel consumed by vehicles owned by Samburu county. He is charged alongside 10 county officials.
The governor owns Oryx Petrol Station.
The documents were being produced by the Malalal Kenya Commercial Bank manager before the governor objected trough his lawyer Paul Nyamondi. He said the exhibits were not given to him in advance to enable him to prepare his defence.
The court said the bank manager will proceed and produce all the documents that form part of the transactions that are the subject of the graft case against the governor.
However, after the ruling, the governor's defence lawyer made an application seeking stay of the proceeding to enable him to seek review in the High Court against the ruling of the trial court.
The application was strongly opposed by the prosecution on grounds that the court does not have jurisdiction to stay the proceedings; stays can only be issued by the High Court.
Governor Lenolkulal is accused of irregularly obtaining Sh84.7 million by supplying fuel to the county through his fuel company, Oryx Service Station, between March 27, 2013, and March 25, 2019.
He has denied all charges.
Between those dates in Samburu county, "being the governor of the Samburu county government, you used your office to improperly confer upon yourself a benefit of Sh84,695,996.55 through Oryx Service Station, a business entity owned by yourself, through the supply of fuel to Samburu county government,” the charge sheet reads.
Lenolkulal is charged with conspiracy to commit corruption, abuse of office, conflict of interest and unlawful acquisition of public property.
(Edited by V. Graham)
