In courts today: Court to rule on vetting of PS nominees case

Wheels of Justice: Court cases lined up for the day

In Summary

• Elsewhere, the Anti-corruption high court is expected to hear the case filed by EACC seeking to recover Sh 80 M from former Samburu Governor Moses Lenolkulal.

• In their suit, EACC claims that the money is suspected to be proceeds corruption by the former Governor.

The National Assembly will on Tuesday know whether it will continue with the vetting of the 51 nominees who had been nominated by President William Ruto.

Justice Nduma Nderi will deliver a ruling on whether the employment court has jurisdiction to hear the matter before the court.

Two weeks ago, Justice Nzioki Wa Makau issued a conservatory order stopping the vetting that was already underway in Parliament.

Last week, Judge Nderi extended the orders to today when he will make a substantive ruling on jurisdiction which was raised by the national assembly.

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The National Assembly argued that, according to the law, if the 51 nominees are not vetted within 28 days then they will automatically be sworn into office.

According to this law, if the National Assembly delays vetting then the nominees will be automatically sworn into office.

However, the petitioners argue that that law cannot apply in this case because it’s not the National Assembly that delayed but it’s the court that has stopped the vetting.

In the case, the Law Society of Kenya has challenged the list of nominees, arguing that it lacks gender balance, tribal balance and regional balance.

Elsewhere, the Anti-corruption high court is expected to hear the case filed by EACC seeking to recover Sh 80 million from former Samburu Governor Moses Lenolkulal.

In their suit, EACC claims that the money is suspected to be proceeds of corruption by the former Governor.

He has been accused of engaging in conflict of interest by trading with Samburu County Government.

Lenolkulal was charged in 2019 at the Milimani Law court with four counts of abuse of office and conflict of interest leading to the loss of Sh84 million public funds.

He has been accused of using his company-Oryx service station-to supply petrol and diesel to the county.

This was after Lenolkukal petitioned their office seeking a review of the charges, saying he was taking the necessary steps to relinquish his ownership with Oryx Service Station.

The charge sheet indicates Lenolkulal "knowingly acquired direct private interests in contracts between Oryx and Samburu for the supply of fuel.”

Last month, the DPP made an application to withdraw the corruption charges against Lenolkulal but he later changed his mind and told the court that the case should proceed.

The DPP wanted to withdraw the Sh84 million graft case facing the former governor when the matter was at its tail end.

The case will proceed to hearing on January 23, 2023, when the last witness is expected to take the stand.

In another case before court today, a criminal court is expected to issue a ruling on whether it has jurisdiction to hear an application filed by EACC seeking to detain a man who impersonated an EACC officer for 14 days.

The alleged imposter was arraigned on Monday but his lawyers raised an objection to the application, saying the court could not hear the case as scheduled.

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