The High Court has said there is no right guaranteed to former Samburu Governor Moses Lenolkulal for the Director of Public Prosecutions to withdraw a graft case levelled against him.
Justice Esther Maina made the finding in a case in which Lenolkulal had raised complaints regarding the DPP’s u-turn in the withdrawal of his graft case.
She said such a withdrawal would be discretionary.
“This court can only interfere with the exercise of that discretion only if its shown discretion was abused which was not demonstrated. The court has declined to give orders and has dismissed it,” the judge said.
Lenolkulal filed the application in November last year accusing the DPP of not being open and transparent in their decision making, especially on the decision declining to withdraw the charges.
The DPP had initially applied to withdraw his case but later resorted to having the matter proceed to its conclusion.
It was this move that necessitated the filing of the application by Lenolkulal before the anti-corruption High Court division.
Lenolkulal sought to have the court declare that the DPP's withdrawal of the application dated October 13, and the consequential order allowing that application was unfair and unconstitutional.
Also sought was an order stopping the DPP and the Inspector General of police from instituting any future charges against him based on the same complaint.
He has also asked the court to quash the decision of DPP and IG to charge and prosecute him.
But all these have been declined by Maina.
Lenolkulal is facing abuse of office and graft-related charges before the Milimani anti-corruption magistrates court.
He was charged in 2019 with four counts of abuse of office and conflict of interest, leading to the loss of Sh84 million public funds.
He has been accused of using his company-Oryx service station-to supply petrol and diesel to the county.
The charge sheet indicates Lenolkulal ‘knowingly acquired direct private interests in contracts between Oryx and Samburu for the supply of fuel'.
He is facing the charges alongside Hesbon Ndathi and nine others. The case is at its tail end.