Kibera High Court Releases Former Samburu Governor on Ksh.10M Bond
In a significant legal development, the High Court in Kibera has granted bail to former Samburu Governor Moses Kasaine Lenolkulal and his co-accused, Hesbon Jack Wachira Ndathi, pending the hearing of their appeal in a high-profile corruption case.
The two were convicted in connection to a Ksh.84 million graft case, with Lenolkulal and Ndathi facing hefty fines of Ksh.85 million and Ksh.83 million, respectively, or an alternative of serving eight years in prison.
Presiding Judge Diana Kavedza delivered the ruling on Friday, certifying the bail application as urgent. The decision came after Lenolkulal and Ndathi moved the court through a Chamber Summons, highlighting nine grounds of appeal.
They argued that the trial magistrate had erred in law and fact, particularly regarding the procurement process involving the Samburu County Government and Oryx Service Station, the company linked to the accused.
Despite their health concerns, which included Lenolkulal’s hypertension and Ndathi’s diabetes, the judge dismissed these as insufficient grounds for bail, noting that medical issues could be managed within the prison system.
However, Judge Kavedza acknowledged that the appeal raised significant legal and factual questions, which could potentially overturn the trial court’s findings.
Citing the non-violent nature of the offences, the court determined that the appellants did not pose a risk to society and set bail at Ksh.10 million each, with one surety of the same amount. Lenolkulal and Ndathi were also required to surrender their passports and other travel documents as part of the bail conditions.
The case is scheduled for mention on October 31, 2024, for further directions, marking a critical juncture in the ongoing legal battle.
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Kibera High Court Releases Former Samburu Governor on Ksh.10M Bond
