The court’s decision to grant Samburu Governor Moses Kasaine Lenolkulal Sh100 million bail with an alternative bond of Sh150 million after he denied Sh84 million graft charges has elicited mixed reactions among Kenyans.
The court also barred Lenolkulal from accessing the Samburu county government offices until the case is heard and determined.
The move has overly been regarded as historic owing to the courts previous bail terms on similar cases.
Hours after the declaration, Governor Lenolkulal through his lawyer Paul Nyamodi, applied for a review of the bail amount at the High Court Anti Corruption Division on Wednesday morning.
The governor termed the bail outrageous and unprecedented.
“My Lord the accused is greatly aggrieved by the said terms which are completely 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 than necessary to guarantee that the accused persons will appear in court,” lawyer Nyamodi told the court.
Some Kenyans have since taken to social media to praise the courts while others support Lenolkulal’s assertion that the bail terms are outrageous.
City lawyer Ahmednasir Abdullahi wrote: “When a court of law sets bail at Ksh100 million for Samburu Governor, it shows 2 things. 1.That the magistrates is plainly incompetent and must be removed from office or 2. He is playing to the public gallery and is thus not exercising decisional independence…@lawsocietykenya.”
When a court of law sets bail at Ksh 100 million for Samburu Governor, it shows 2 things. 1.That the magistrates is plainly incompetent and must be removed from office or 2. He is playing to the public gallery and is thus not exercising decisional independence…@lawsocietykenya
— Ahmednasir Abdullahi SC (@ahmednasirlaw) April 3, 2019
Blogger Rober Alai concurred with the Senior Counsel saying, “Giving suspects OUTRAGEOUS bail terms doesn’t fight corruption. Ksh. 100 million bail terms for a suspect doesn’t fight corruption when high profile suspects are in the convoy of top leaders.”
Giving suspects OUTRAGEOUS bail terms doesn't fight corruption. Ksh. 100 million bail terms for a suspect doesn't fight corruption when high profile suspects are in the convoy of top leaders.
— Robert Alai (@RobertAlai) April 3, 2019
Embakasi East Member of Parliament Babu Owino also weighed in on the issue.
NEVER WILL I SUPPORT CORRUPTION…
In fact the corrupt should be hanged by the balls because they kill the future of our generation.Incase one is granted bail terms then it must be reasonable.I was a victim of several arbitrary arrests and I know what it means to be denied bail.
— Babu Owino (@Babu_Owino) April 3, 2019
A Section of Kenyans felt the bail terms were justified.
Here’s what they said.
An ordinary person suspected of stealing something worth less than say 50k will get a bail of 200k and that's alright? For Samburu governor and others I think bail should be not less than 900M if there's any serious war on corruption. 100 and 150m is too low.
— John M (@Karanjaz) April 3, 2019
A village mama is fine 200k for grazing her goats in samburu national reseave is fine but when a looting Governor is fined a paltry 100m its unreasonable…. Cmon
— Loongonyo Barkat Richard (@BaLempiris) April 3, 2019
Ksh100 million In bail makes sense. The real fight against graft has started. Whoever pays shines a spotlight on himself and they ll give a trail while at it , lets see Samburu governor will play this lol
— Patrick Sampao (@durkchild) April 3, 2019
I always Pray for Kinoti and it's team Hawa waizi wanashikwa Moja Moja it list , Nasikia Governor wa Samburu bado ako Ndani Inda prison alishindwa ku raise 100million Bond, That shout be the route for the corrupt I salute the Judge🙏
— Jimmy Ng'ang'a. (@jimmynganga1) April 3, 2019
The bail terms given to the samburu governor are very very reasonable..infact if it's to be reviewed it should be upward..!
— Nais (@N2Nais) April 3, 2019
The governor was arraigned in Milimani Law Courts before Anti-Corruption Court Chief Magistrate Douglas Ogoti where he was charged with four counts of abuse of office and conflict of interest leading to the loss of Sh84.6 million public funds.
He is accused of trading with the county through Oryx petrol station leading to payment amounting to Sh84, 695,996.
“Between March 27, 2013 and March 25, 2019, at Samburu County, being the Governor of Samburu County Government, you used your office to improperly confer upon yourself a benefit of Ksh.84,695,996.55 through Oryx Service Station, a business entity owned by yourself, through the supply of fuel to Samburu County Government,” read the charge sheet.