Court lifts orders freezing Samburu governor accounts
The High Court yesterday lifted orders freezing two bank accounts belonging to Samburu governor Moses Kasaine Lenolkulai.
Justice John Onyiego lifted the orders on the two accounts on grounds that there was no evidence that the money in those accounts was suspected to be out of illegitimate means.
“After perusing the entire record of supporting documents attached by EACC, I am unable to find bank statements or documents relating the accounts and their link to corrupt dealings,” ruled the judge.
Justice Onyiego, however, declined to lift orders of two other bank accounts saying there was reasonable suspicion that the money may have been obtained through illegitimate means.
The judge noted that the IFMIS statement attached by the commission showed that money from Samburu County Government was paid to Oryx Service Station account which was the service station major transaction account through which payments were made.
According to the judge, there was a link between money transferred from Oryx to the governor’s accounts.
“Since there was already suspicion on the manner in which the award of supply of petroleum product was made in favour of Oryx Service Station, it is my finding that there was reasonable suspicion that the money may have been obtained through illegitimate means,” he ruled.
Justice Onyiego ruled that the fact that such money was mixed with legitimate sources of income like salary did not mean the account could not be frozen.
EACC, in its application, accused Lenolkulal of awarding his company, Oryx Service Station, a contract for the supply of diesel and petrol to Samburu County Government.
The commission claimed that between 2013 and 2018, Lenolkulal received Sh80.7 million for the purported supply of diesel and petrol.
According to the anti-graft body, the analysis of the flow of funds reveals that the public funds were received into the Oryx Station account from the county and withdrawn or transferred into Lenolkulal’s accounts.