Samburu Governor Moses Lenolkulai Kasaine has suffered a blow after the High court barred him from transferring or selling four prime properties in Karen, Nairobi county pending investigations over loss of public funds amounting to Sh 1.6 billion.
The orders were issued after Ethics and Anti Corruption Commission filed a certificate of urgency seeking the Governor and his company namely OLYX service station to be restrained from transferring the properties or disposing it pending investigations.
Justice John Onyiego of the Anti-Corruption High Court division restrained governor Lenolkulai and his company namely OLYX service station from transferring LR NO. 2259/744, LR NO. 2259/745, LR NO. 2259/749 and LR NO. 2259/750 situated Karen Nairobi county.
“An order of prohibition is hereby issued prohibiting the respondents jointly and severally , their agents, servants, or any other persons from transferring , disposing or in any other way dealing with the properties listed herein to enable the commission complete its investigations before instituting recovery proceedings,” ordered justice Onyiego.
The order shall last for a period of six months.
The commission filed an application seeking orders to prohibit the Governor and Oryx Service Station jointly and severally , their agents, servants or any other persons from transferring or dealing with properties to enable the commission to complete its investigations before instituting recovery proceedings.
It is alleged that the Governor purchased several properties worth each Sh 15 million in Karen, Nairobi county using public money.
EACC says that it is investigating allegations of corruption and economic crimes, bribery, conflict of interest amongst contractors and officials of the County Government of Samburu where 1.6 billion has been embezzled between January 1 2013 and December 31 2018.
It is alleged that officials in the Samburu County government, in complete violation of their positions and in conflict of their personal and public interest have been trading with the county government through their companies or private contractors.
The anti-graft agency further claims that the Samburu county government officials have been engaging in a fraudulent scheme to embezzle public funds through inflated or fictitious procurement contracts.
The agency the said public officers, their associate or private contractors have accumulated substantial illicit wealth.
The commission says that it is conducting investigation the period between 2013 and 2018 where several companies that tendered were awarded high value contracts by Samburu County Government to provide goods and services which are associated with or owned by employees of the county government resulting to conflict of interest and public funds amounting to Sh 673 million which was paid through the said companies.
The commission further says that it received allegations that senior officials from the county government received bribes to the tunes of Sh 86 million from several contractors and suppliers in order to influence award of tenders in their favour and to facilitate payment to the said contractors.
“Preliminary investigations have revealed that OLYX is a company associated with Samburu Governor Moses Lenolkulal and is the registered proprietor,” says the commission in their court papers.
The court heard that EACC has established that OLYX was awarded by the county government of Samburu contract to supply diesel and petrol to the county government from 2014-2019.
“The governor, being a public officer under the definition of the public officer ethics act, in complete violation of his position an in conflict of his personal and public interest has been trading with the county government through his company,” said the commission.
The commission said the period between 2013 and 2018 ,several companies that tendered or were awarded high value contracts by the Samburu County Government to provide goods and services are associated with or owned by employees of the county government resulting to conflict of interest and public funds amounting to 673 million was paid through the said companies.
The agency added that investigations have revealed that the Governor through his company in the period 2013-2019 received 80,763,715,35 million being payment by the county government of samburu for the supply of petrol or diesel.
Investigation have also revealed that the Governor on the same date on July 8,2015 purchased properties in Karen worth 15 million each. The said property are LR NO2259/744, LR NO. 2259/745, LR NO. 2259/749 and LR NO. 2259/750 all located in Karen Nairobi.
EACC suspects the money used to purchase the said property by the Governor and accumulate substantial property or illicit wealth which is amenable for forfeiture to the state.
The Governor has unexplained assets disproportionate to his known legitimate source of income.
The commission fears the Governor may transfer, withdraw or in anyway deal with money and properties to defeat the course of justice before the commission has completed its investigations and commence civil proceedings.
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