Ex-Samburu Governor Lenolkulal freed after court acquits him in Sh84 million graft case
Justice B.M. Musyoki ruled that the prosecution had failed to prove that Lenolkulal had a direct private interest in Oryx Service Station, which supplied fuel to the Samburu County Government during his tenure.
Former Samburu Governor Moses Lenolkulal was on Tuesday freed after the High Court overturned both his conviction and eight-year jail term in a Sh84 million corruption case linked to fuel supply contracts awarded to a petrol station associated with him.
Justice B.M. Musyoki ruled that the prosecution had failed to prove that Lenolkulal had a direct private interest in Oryx Service Station, which supplied fuel to the Samburu County Government during his tenure.
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Also freed was businessman Hesbon Jack Wachira Ndathi, who had been accused of acting as a proxy for the former county boss.
The judge found no evidence showing that Ndathi managed the business on behalf of Lenolkulal or shared any proceeds from the fuel supply contract.
"In that regard, it is my finding that the element of control, actual ownership, and management of Oryx was not proved beyond a reasonable doubt. I therefore find that the count for conflict of interest was not proved," the court ruled.
The court clarified that the acquittal should not be interpreted as permission for public officials to trade with government entities, but rather as a failure by the prosecution to sufficiently link Lenolkulal to the business transactions in question.
The former governor and Ndathi had earlier been found guilty of receiving millions from the county government and were fined Sh83.4 million each or serve an additional four years in prison.
However, evidence presented on appeal showed that Lenolkulal had leased out Oryx Service Station to Ndathi for a monthly rent of Sh70,000, payable quarterly, and that there was no profit-sharing arrangement between them.
The judge observed that although the trial court inferred that Ndathi was acting as an agent of Lenolkulal, no substantive proof supported that conclusion. "No amount of suspicion can form the basis of a conviction," the ruling stated.
In a related decision, former Samburu County Chief Officer Bernard Lesurmat was also acquitted. The court found no evidence linking him to the procurement process that led to the prequalification of Oryx Service Station as a county supplier.
It noted that Lesurmat joined the county government after the petrol station had already been contracted and only approved a payment of Sh9 million in the normal course of duty.
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