Ethics and Anti-Corruption Commission has vehemently opposed application by Samburu Governor Moses Kasaine Lenolkulal seeking to be admitted on anticipatory bail or bond pending any arrest, investigation or prosecution.
The commission through and application by investigating officer Joel Khisa said it is investigating corruption and economic crimes , bribery , conflicts of interest involving contractors and Samburu County Government officials.
While opposing the application, EACC said the Governor has the opportunity to challenge the orders in the two matters before court issuing the application and may seek appropriate reliefs for the alleged breaches of his rights.
Khisa said it is only logical that with respect to search warrants no notice is issued to a party prior to searches being conducted as such action certainly prejudices investigations as evidence sought may be concluded or destroyed.
He said the commission acted lawfully and with due regard being at all times to the applicants constitutional rights and the allegations that he was harassed or humiliated are unfounded and made in bad faith.
EACC said Lenolkulal has nonetheless been granted an opportunity to record statements in the matter as evidenced.
The commission said the Governor apprehension in his supporting affidavit that he faces imminent arrest and charging are merely speculative and based on conjecture and investigations is still at the initial stage having recently obtained the search.
“Furthermore the outcome of those investigations is unknown at this particular stage and cannot be pre-empted by the applicant or the court hence there is no real danger of the applicant as alleged,” said Khisa.
At the same time the Director of Public Prosecution has also opposed application on grounds that Lenolkulal allegations do not meet the legal threshold for granting anticipatory bail.
Prosecution added that anticipatory can only be issued where applicant demonstrates that his fundamental rights are in danger of being seriously breached by state organ which the Governor has failed to do.
This is after the governor who is under investigations for fraud of over Sh 2 billion moved to court seeking to be admitted on bail pending his arrest and prosecution.
“This court be pleased to admit the applicant (Moses Kasaine Lenolkulal) to anticipatory bail pending any arrest , investigation or charge on terms and conditions that this court deems fit in the circumstances,”. urged Lenolkulal.
He said about February 20,2019 Ethics and Anti-Corruption Commission servants, juniors , officers or persons acting under the commission’s directions invaded his residents both in Nairobi and Maralal and his office in Maralal in such of what they termed as evidence.
The governor added after search , EACC officers took him to their offices located at Integrity Centre where he bonded to appear in their offices on February 25 this year.
” When i appeared before EACC offices , i was asked to record a statement which i did and again i was bonded to appear before the same office on March 4,” said the Governor.
He added on or about March 5,2019 he learnt of haunting and unnerving information vide social media platform in Samburu County including Samburu County forum that the commission had obtained orders freezing his bank account.
“Upon carrying out internal investigations , i came to learn that indeed the commission had obtained orders vide miscellaneous criminal application No. 979 of 2019 to freeze and investigate my banks five bank accounts held at Kenya Commercial Bank,” said the Governor.
Lenolkulal argued that he is apprehensive that EACC in conjunction with Inspector General of police and Director of Public Prosecution are planning to arrest and detain him on frivolous and tramped up charges aimed at harassing, humiliating and disparaging him in utter violation of his rights.
He claimed he is a man of good reputation who has wrongly been subjected to public ridicule which meets the agenda of the EACC and any further action by the commission or IG and DPP will greatly undermine his right to human dignity.
The governor says that he once admitted to bail, he undertake to continue co-operating with the commission in the event they take decision to charge him and avail himself in court.
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