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Samburu Governor Moses Kasaine Lenolkulal yesterday suffered a major setback after the Anti-Corruption court allowed the Director of Public Prosecutions (DPP) to use Kenya Commercial Bank statements in his Sh84 million corruption case.

Milimani trial magistrate Thomas Nzioka allowed a prosecution witness to table bank documents in the case against the governor and his co-accused.

Lenolkulal and his co-accused persons had protested the use of the documents from the bank saying it will be prejudicial to them.

Contested documents

The magistrate however dismissed their application saying that the contested documents meet the threshold of the Evidence Act.  

“The objection raised in the document here is dismissed. I hence allow the several documents marked by the prosecution witnesses (KCB Maralal Bank Manager Johnstone Kiiru) to be adduced as evidence in the case,” ordered Nzioka.

He however disallowed the prosecution from using as evidence four cheques marked as 305 A to D drawn by Sumburu county government from KCB Maralal branch in the case saying they did not meet the threshold of the Evidence Act.

On June 14, Lenolkulal through his lawyer Paul Nyamodi opposed the use of the bank documents.

The objection by the defence came after the KCB official Kiiru narrated how a petrol station known as Oryx Service station associated with the governor was paid millions through various bank transactions from Samburu County Government.

Kiiru also tabled several documents showing how a petrol station associated with the Governor, was paid millions from May 9, 2013.

The court heard that the county government paid the petrol station using cheques of Sh100,000 or more.

The court has ordered Kiiru who has since been stood down to appear in court on September 14 to produce the bank documents as exhibits in the case  and conclude his evidence in the matter before the next witness Vincent Cheruiyot who is also a bank official from KCB takes the stand.

Nzioka further dismissed the application by Lenolkulal to stay the proceedings as he seeks a review of the court orders allowing the bank statements used as evidence at the High court.

In the case, Lenolkulal is charged alongside county secretary Stephen Siringa Letinina, Chief County Secretary Danuel Nakuo Lenolkirina, Josephine Naamo Lenasalia, Reuben Marumben Lemunyete.