Samburu governor’s bail cut to Sh10 million

Samburu Governor Moses Kasaine Lenolkulal was Wednesday a relieved man after the High Court reduced his cash bail from Sh100 million to Sh10 million.

Mr Lenolkulal had spent Tuesday night in remand prison after failing to pay the Sh100 million cash bail imposed on him by anti-corruption magistrate Douglas Ogoti. The magistrate court had given the governor an alternative bond of Sh150 million plus one surety.

Justice Mumbi Ngugi reduced the cash bail for the county boss, describing the terms issued by a lower court excessive.

“At any rate, given the nature and circumstances of this case and the penalty provided in law, it is my view that the bond terms imposed on the applicant are excessive and may well amount to denial of bail,” she said.

But Justice Ngugi challenged Parliament to urgently relook the provisions of Anti-Corruption and Economic Crimes Act (ACECA) “if any inroads against corruption are to be made in this country”.

She said it was regrettable that Parliament does not seem to treat corruption offences with the seriousness they deserve.

Mandatory fine

She noted that the punishment for the offences, like the ones Mr Lenolkulal is charged for, is a fine not exceeding Sh1 million or a term of imprisonment for 10 years or both.

Justice Ngugi said the saving grace may be found in section 482(2) which provides for a mandatory fine.

In her ruling, the judge said the charges Mr Lenolkulal is facing are serious, “particularly given the devastation that corruption wreaks on our society and the well-being of the citizens”.

The judge said the prosecution had neither demonstrated that Mr Lenolkulal was a flight risk nor opposed his application for bond.

“The applicant has also been barred from accessing county offices, so the apprehension that he may interfere with witnesses is not a consideration,” she said.

The Samburu county boss rushed to the High Court seeking a review of the bond terms. He said, through lawyer Paul Nyamodi, that he was aggrieved by the bond terms, which he described as outrageous and unprecedented.

“It goes against the bail and bond policy, specifically that the bond amount should not be excessive and should not be greater that necessary, to guarantee that the accused person will appear in court," he argued.