Criteria Used by High Court to Reduce the Outrageous Bail Figures Slapped on the Samburu Governor

The High Court yesterday reduced the cash bail slapped on Samburu Governor Moses Lenolkulal Kasaine by an anti-corruption court from Sh100 million to Sh10 million.

Justice Mumbi Ngugi also reduced the bond from Sh150 million to Sh30 million, saying the amounts issued on Tuesday were excessive.

“Given the nature and circumstances of this case and the penalty provided in law, it is my view that the bond terms imposed on the applicant are excessive and may well amount to denial of bail,” she ruled.

The judge reduced the bail terms following an application for review by the governor’s lawyer Paul Nyamodi.

He had urged the court to revise the terms of the bond saying they were completely outrageous and unprecedented.

Nyamodi also argued it was also his argument that they go against the bail and bond policy which requires that bail and bond terms should not be excessive and should not be greater than is necessary to ensure that the accused person attends court.

The court was told that the governor was not a flight risk and will attend court when asked to do so.

Justice Ngugi noted that the governor was charged with various corruption-related offences committed in his capacity as a Governor of Samburu county.

“These are serious offences given the devastation that corruption causes on our society and the wellbeing of citizens,” she said.

According to Justice Ngugi, Parliament, however, does not seem to treat corruption offences with the seriousness they deserve saying that the penal consequences for the offences which the governor faces are a fine not exceeding Sh1 million or imprisonment of 10 years or both.

“Parliament needs to look at the provision of Anti-Corruption and Economic Crimes Act if any inroads against corruption are to be made in this country,” she said.

The bond terms issued by the lower court to the governor were the highest and most stringent bond and bail terms ever slapped on an individual facing corruption charges in Kenya.

According to the charge sheet, the governor is accused of conspiring to commit an offence of corruption, which led to unlawfully payment of 84,695,996 to his fuel company Oryx Service station.

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