Nairobi, September 21

The Office of the Director of Public Prosecution came under a scathing attack on September 21 for attending court proceedings late.

Angered by the two hour lateness, Senior Principal Magistrate, Thomas Nzioka, warned the prosecutors of dire consequences should they repeat the same on Thursday when the matter involving the loss of Ksh84 million in Samburu County, and in which Governor Moses Kasaine Lenolkulal is the lead suspect, will resume.

The matter was scheduled to start at 9:30am but the prosecutor showed up in court a few minutes past 11am. The prosecutors, however, told the Magistrate that they were attending to a Ksh10 million graft case against former Nairobi Governor, Mike Sonko.

"You have kept this court waiting from 9:30am and had no audacity to communicate both to the court and the accused persons," said Justice Nzioka.

He added that should the same be repeated, he will issue orders citing the prosecution for contempt of court.

But the prosecutor, in an attempt to calm the angered Magistrate, apologized saying they did not intend to delay the proceedings.

The Magistrate's anger waxed hot on the prosecution when they attempted to put in the dock a new witness before the earlier one rested his testimony.

Nzioka stemmed their bid saying they cannot take the court round in circles saying they want to convolute the proceedings.

"When the prosecution wants to adjourn the case, they have a tendency of introducing a fresh witness when the previous one has not concluded their evidence," the Magistrate noted.

The Magistrate gave the prosecution until Thursday, September 23, to put their house in order by availing the previous witness, a Mr Vincent Cheruiyot, a former bank manager with a commercial bank in Maralal.

In his testimony, the bank manager on September 15 laid bare how the transactions in the governor's accounts were being done.

He said the governor's aide, Hesbon Ndathi, would transfer and withdraw millions of shillings then wired the same to Lenolkulal accounts between 2015 to 2016.

Mr Cheruiyot tabled in court several documents showing how a petrol station known as Oryx Service Station, associated with the Governor, was paid millions from May 9, 2013.

The witness further took the court through various cheques on how transactions were done including how funds were transferred from bank accounts of Oryx Service Station to an account belonging in the Midtown Dealers, which was also done by Mr Ndathi.

He further showed a customer transaction voucher of the petrol station transferring Ksh753,000 to an account in the name of Galana Oil on April 13, 2015. The witness also produced in court another certified copy cheque number 368 relating to account number 1124250530 in the name of Loisiap Contractors, transferring funds to Oryx Service Station an amount of Ksh2,950,000 on January 19, 2017.

"l also gave the Ethics and Anti-Corruption Commission (EACC), during investigations, an application for funds transfer instructions dated September 12, 2017 transferring Australian Dollars 5050 from account number 1124724591 belonging to the governor. The funds were being transferred to Victoria University, account number 622873498, the transaction was done by Helson Wachira," said Mr Cheruiyot.

In the case, Lenolkulal is charged alongside county secretary Stephen Siringa Letinina, Chief County Secretary, Daniel Nakuo Lenolkirina, Josephine Naamo Lenasalia, Reuben Marumben Lemunyete, Linus Milton Lenolngenje, Paul Lolmingani, Benard Ltarasi Lesurmat, Lillian Balanga , Andrew Ropilo Lanyasunya, David England Loosenge and Geofrey Barun Kitewan.

The charges against them states that between March 27, 2013 and March 25, 2019 at Maralal town within Samburu County, being Governor of Samburu County, conspired to commit an offence of corruption namely abuse of office leading to unlawful payment of Ksh84,695,996.55 to Moses Kasaine Lenolkulal's Oryx Service station.

Lenolkulal and Hesbon Wachira Ndathi are accused that between March 27, 2013 and March 25, 2019 within Samburu County, being the Governor of Samburu County and Private person, unlawfully acquired public property worth Ksh84, 695,996.55 for the supply of fuel to Samburu County Government through Oryx Service Station.