Ex-Samburu Governor Moses Lenolkulal Convicted in Ksh84 Million Corruption Case
Moses Lenolkulal, the former Governor of Samburu, has been convicted of conflict of interest and unlawful acquisition of property in a widely followed corruption case.
Lenolkulal was found guilty of illegally receiving Ksh84 million for supplying petroleum products to Samburu County during his time in office, making him the first county governor to be convicted on corruption charges.
Chief Magistrate Thomas Nzyoki delivered the ruling on August 28, underscoring Kenya’s ongoing battle against corruption while also exposing the complexities in interpreting public office conduct within legal frameworks.
Lenolkulal, alongside 12 co-accused, was convicted of various charges, including abuse of office.
The Nairobi Anti-Corruption Court has been pivotal in this case, which dates back to 2019 when Lenolkulal faced charges of misappropriating Ksh84 million, initially accused of multiple counts of graft and abuse of office.
The Defence has sought bail for the accused ahead of sentencing, but the Prosecution opposed the request. The court subsequently denied Lenolkulal bail.
Despite the ruling, Lenolkulal was not found guilty of abuse of office. Instead, the court focused on the conflict of interest related to his involvement with Oryx Service Station, a company supplying fuel to Samburu County under his governorship.
Chief Magistrate Nzyoki stated, “For the first accused, Moses Lenolkulal, I find you guilty of and convict you for conflict of interest contrary to provisions 42 (3) as read with Sections 48 (1) of ACECA.”
The prosecution zeroed in on Lenolkulal’s ownership of the station, arguing that it constituted a clear conflict of interest, allowing him to benefit financially from government contracts he oversaw.
The prosecution argued that Lenolkulal used intermediaries to obscure his ownership, unlawfully profiting from public funds.
Throughout the trial, Lenolkulal maintained his innocence.
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In his defense, he claimed to have disclosed his interest in Oryx Service Station shortly after his 2013 election as governor.
He presented a letter sent to the county secretary and copied it to relevant officers as proof of his transparency.
Lenolkulal argued that this declaration should have absolved him of conflict of interest charges and that the prosecution overlooked this crucial evidence.
He further testified that he had distanced himself from the company by transferring its ownership and leasing the station to Hesbon Ndathi to avoid any conflicts.
He also stated that he ceased being a signatory to Oryx’s bank account in October 2015, long before the allegations surfaced.
However, the prosecution, supported by substantial documentation and witness testimony, painted a different narrative.
Investigating Officer Joel Nyongesa testified that Lenolkulal’s actions were deliberate attempts to conceal his continued involvement in Oryx.
Nyongesa further stated that Ndathi, to whom Lenolkulal claimed to have transferred the business, was merely a proxy to hide the governor’s ongoing financial interests.
Ex-Samburu Governor Moses Lenolkulal Convicted in Ksh84 Million Corruption Case