Africa-Press – Kenya. Turkana Governor Jeremiah Lomorukai has suffered a blow after a High Court in Eldoret dismissed his bid to stop EACC from arresting him over an alleged fake degree from Kenya Methodist University.
In the orders issued by Justice Reuben Nyakundi, the court dismissed the governor’s application saying he failed to provide evidence to support his allegations of constant calls and threats from the police.
He stated that notwithstanding the allegations, the powers conferred upon the respondents which are the DPP, EACC and Inspector General of Police have not been abused or used mala-fides.
“The Petitioner has failed to demonstrate that the respondents have breached his fundamental rights to freedoms or that there exists any threat of his rights to warrant the grant of anticipatory bail. The Petition has no merit and I accordingly dismissed it,” read the orders.
It adds, “In the first instance, all offences as prescribed under section 123 of the Criminal Procedure Code as read with Article 49(1h) of the constitution are bailable.”
Justice Nyakundi observed that the grounds on which the petitioner has moved the Court revolves around phone calls and threats of being arrested and detained in custody before being arraigned in court.
From the events and facts disclosed in the affidavit, he notes, it remains to exist as a fear and apprehension with no reasonableness of that belief.
“The Petitioner has not shown this Court his basis for believing that the investigations in question are in fact incomplete. In the end, I see no merit in the Petitioner’s application,” he stated.
In his application dated October 11, Lomurukai moved the court seeking to be granted anticipatory bail pending arrest as a result of a complaint raised by EACC CERO Twalib Mbarak over his academic degree.
He also sought to have orders issued restraining the Inspector general of police, the Director of public prosecutions and EACC who are the respondents from arresting or pressing any charges against him.
In his sworn affidavit, the Governor claims that while addressing the newly elected MPs on September 2022 last year, EACC CEO indicated that he was on the radar and that his arrest was imminent.
He contends that the sentiments of the CEO regarding his arrest were made in clear violation of the orders granted in the case filed in Court touching on the same issue.
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