Samburu Governor Moses Lenolkulal will on Thursday know whether his bail will be cancelled.
In December last year, the DPP sought to have the bail cancelled on the grounds that Lenolkulal had made changes to his cabinet while out of office, thus breaching the terms issued when he was charged with corruption.
But the governor, through lawyer Paul Nyamodi, denied this, maintaining that he has fully complied with the terms issued by the court.
“I have fully complied with the bail terms granted by the court and therefore the application is unfounded and misconceived and based on a gross misinterpretation of orders of April 2 and May 15, last year,” he argued.
Nyamodi said the interference allegation has not been proved as there is no evidence or correspondent from the witnesses filed court.
Justice Thomas Nzioka will determine whether the governor was right to reshuffle his cabinet while out of office.
Lenolkulal maintains that he is still the Samburu governor as declared by the Court of Appeal last month.
He said he does not exercise his powers under the supervision of the court.
"There is no existing court order barring myself from discharging my constitutional mandate as the governor. l am therefore able to discharge all my duties as governor of Samburu county," he stated.
Lenolkulal says the DPP’s apprehension that he reassigned members of the Samburu County Executive Committee to interfere, intimidate and influence witnesses is unfounded and misplaced as no evidence adduced on interference.
He argues that the trial court only barred him from accessing the offices but did not in any way restrict him from discharging and executing his constitutional mandate.
The prosecution asked the court to allow their application and cancel his bail terms.
Assistant DPP Alexander Muteti accused the governor of violating the bail terms issued on April 2 by the Anti-Corruption court.
"We are praying that this court be pleased to find that Governor Lenolkulal is in contempt of this court's orders and that he violated the bail terms granted to him. It is, therefore, fit to have his bail cancelled," Muteti said.
According to the prosecutor, the governor’s repeated reshuffling and re-assigning of Samburu County Executive Committee officers amount to interference with witnesses, contrary to the clear terms of bail barring him access to county offices and interfering with witnesses.
According to the state, the purported reshuffle and or re-assignment of officers by Lenolkulal, if not stopped, will lead to interference with the crime scene and prospective witnesses.
“Lenolkulal has more than once purported to reshuffle and or re-assign officers of the Samburu County Executive Committee vide Gazette Notice No. 3634 of Kenya Gazette Vol. CXXI – No. 47 dated April 18, 2019, and Gazette Notice No. 11265 of Kenya Gazette Vol. CXXI – No. 163 dated November 29, 2019,” he said.
The governor faces four counts of abuse of office and conflict of interest leading to the loss of Sh84.6 million public funds.
He is also accused of using his company - Oryx Service Station - to supply petrol and diesel to the county.
The court also barred him from accessing the county offices until his case is fully determined