Africa-Press – Kenya. The Director of Public Prosecution suffered a blow after a court blocked his bid to withdraw Sh84 million graft charges against former Samburu governor Moses Lenolkulal.
Magistrate Thomas Nzyuki on Wednesday declined to have the case withdrawn orally and at the same time directed ODPP to file a formal application.
The application is to be served to all the accused persons including the EACC.
In September 2019, EACC filed the petition on grounds that Oryx Service Station, a company allegedly registered under the governor’s name, received Sh80,715,000 in county funds between 2013 and 2018.
The Twalib Mbarak-led commission wanted to repossess the entire amount which it has since labelled as proceeds of crime.
“Prior to the institution of the suit, the commission froze Sh14 million and properties in Karen, Nairobi, purchased for Sh60 million which were determined to have been purchased with funds from the illegal contracts founded on conflict of interest,” EACC said in a statement.
Magistrate Nzyuki also granted the former Governor his passport to allow him to travel and later return it.
Lenolkulal had filed an application seeking the release of his passport, saying he is supposed to travel on November 4, 2022, and return on November 12, 2022, to attend to his studies organised by Strathmore university.
He said it was an internal module.
In his defence, Lenolkulal said he has not demonstrated any character of being a flight risk once he finishes the task he shall avail the passport in court.
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