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Moses Kasaine Lenolkulal v. Republic

(2019) JELR 98934 (CA)

Court of Appeal  •  Criminal Appeal 109 of 2019  •  20 Dec 2019  •  Kenya

Coram
Daniel Kiio Musinga, Agnes Kalekye Murgor, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

In this appeal the appellant, Moses Kasaine Lenolkulal, who is the Governor of Samburu County is aggrieved by the decision of the High Court which upheld the trial court's ruling that barred him from accessing the Samburu County Government Offices without the prior written authorization of the Chief Executive Officer of the Investigative Agency (EACC).

The appellant was charged in Anti-Corruption Case No.3 of2019, Republic v. Moses Lenolkulal and 13 others with four counts under the Anti-Corruption and Economic Crimes Act (ACECA). Under Count I, he was charged together with 13 others for the offence of conspiracy to commit an offence of corruption contrary to section 47A (3) as read with section 48 (1) of ACECA. Under Count II, for the offence of abuse of office contrary to section 46 as read with section 48 (1) of ACECA. Under Count III, for the offence of conflict of interest contrary to section 42 (3) as read with section 48 (1) of ACECA, and under Count IV, wit…

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