Directorate of Public Prosecutions (DPP) Noordin Haji has refuted claims that he had applied to halt the fraud case against Samburu governor Moses Lenolkulal as reported in sections of the media.
In a tweet, the DPP said that he had appealed a decision of a Magistrate court allowing cross-examination that would lead to admission of opinion evidence.
“All the ODPP did was revise a decision of a Magistrate court allowing cross-examination that would lead to admission of opinion evidence but the judge declined stating that to intervene at this stage would amount to micromanaging the trial,” read the tweet.
All the .@ODPP_KE did was revise a decision of a Magistrate court allowing cross examination that would lead to admission of opinion evidence but the judge declined stating that to intervene at this stage would amount to micro managing the trial.
— ODPP_KE (@ODPP_KE) March 10, 2020
The governor is facing a Ksh87.6 million graft case
He is accused of trading with the county through Oryx petrol station leading to the loss of money from the county coffers.
The prosecution has indicated that the company registry confirmed that Oryx service station was registered on October 7, 2008, with Lenolkulal and Lily Sepeita Lenolkulal as directors.
According to the DPP, investigations established the governor traded with the county through Oryx Service Station for the supply of fuel since March 27, 2013.
The county boss, the prosecution said last month, benefited from high-value tenders and contracts on supply of automobile fuel for the county’s motor vehicles.
Lenolkulal was barred from office as his trial goes on.
The governor’s bid to have the Appellate court overturn the High Court ruling that left him in the cold, bore no fruits as Lady Justice Jamila Mohamed stated that the verdict was constitutional as the governor’s seat was not vacated.
“In the case of the appellant, bearing in mind the nature of the charges preferred against him; the circumstances under which the alleged offences were committed – that some of the prosecution witnesses are county staff who are answerable to the appellant, it was not far-fetched for the prosecution to contend that the appellant would most likely interfere with their witnesses or conduct himself in a manner likely to compromise their case if he was not barred from accessing his office during the pendency of the case, ” the court ruled in December last year.
The ruling also affects Nairobi Governor Mike Mbuvi Sonko who is facing Ksh357 million graft case.