Kenya’s corruption judge recuses himself from a high profile case

Douglas Ogoti

After denying Sh84 million corruption charges before a Nairobi court, Samburu Governor Moses Kasaine was on Tuesday hit with the highest ever cash bail term in the country after Nairobi Chief Magistrate Douglas Ogoti ordered him to pay a cash bail of Sh100 million.

Mr Ogoti also gave him an equally harsh alternative, to deposit a bond of Sh150 million plus one surety of the same amount.

Moses Kasaine

In addition to the bail terms, Mr Lenolkulal was ordered not to access the Samburu County government offices in Maralal pending the hearing and determination of an application to be filed by the Director of Public Prosecutions.

The DPP, through senior assistant DPP Alexander Muteti, pleaded with the court to bar Mr Lenolkulal from accessing his offices for 24 months. He argued that the governor can interfere with witnesses, saying he can execute his duties from elsewhere.


13 more Samburu county officials charged with abuse of office, illegal acquisition of public property, conflict of interest & conspiracy to defraud the county Sh84 million in fuel fraud to take plea on 5/4/19 before CM Lawrence Mugambi

Chief Magistrate Douglas Ogoti has recused himself from the trial against Samburu Governor Moses Kasaine Lenolkulal and 13 others accused.

CM Douglas Ogoti who was handling the matter withdrew from the case after lawyers representing Samburu governor Moses Kasaine Lenolkulal who had earlier been charged with similar offences accused him of bias#AntiCorruption_ODPP— ODPP_KE (@ODPP_KE) April 4, 2019

The suspects complained of the judge been bias and further alleging that they had been prejudged even before the case was heard. They made the application when they appeared before the magistrate for plea taking through lawyer Paul Nyamondi.

In a short ruling, Mr Ogoti said that although his conscience was clear, he would not cling to the case.

The suspects said the judge has shown bias towards them and a strong opinion about the case.

The High Court later reduced the bail terms for Samburu Governor Moses Kasaine by Sh90 million after he applied for review in the corruption case against him.

Mr Kasainie is charged with conspiring to commit the offence of corruption, which led to unlawful payment of Sh84,695,996 to his petrol station known as Oryx Service Station.

Are corruption cartels behind the judges withdrawal?

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