Ex-Samburu Governor Moses Lenolkulal found guilty in Sh84 million graft case

Former Samburu Governor Moses Lenolkulal has been found guilty of receiving Sh84 million through corrupt dealings involving the supply of petroleum products to the county government during his tenure as governor.

Trial Magistrate Thomas Nzyoki stated that the evidence presented in court by the Office of the Director of Public Prosecution (ODPP) clearly shows that Lenolkulal and his associate, Hesbon Ndathi, were the main beneficiaries of the public funds.

The magistrate emphasised that the evidence strongly indicates that Lenolkulal acted in a conflict of interest, as he was the sitting governor when the offences occurred.

Nzyoki based his judgment on over 200 payment vouchers and Local Purchase Orders (LPOs) that demonstrated Lenolkulal's direct involvement in trading with the county, which compromised his integrity due to personal gain.

"A public officer must take a keen interest in his office's affairs. They should always adhere to principles of good governance. In law, a governor stands prohibited from trading with his county government," he said.

The Magistrate also criticised the county secretary, the second accused in the case, for his role in the loss of public funds. He pointed out that the county secretary signed and approved payments, even though he knew that Lenolkulal owned the Oryx service station.

"The accounting office flatly lied on oath that they didn't know Lenolkulal was the owner of Oryx. They shouldn't have approved the payments to Oryx," said the court.

The magistrate stated that the evidence presented in court by the DPP, led by prosecution counsel Wesley Namache, was overwhelming, showing that Lenolkulal and his co-accused used their positions to improperly approve payments to Oryx.

Lenolkulal was charged in 2019 with abuse of office and conflict of interest, which allegedly led to the loss of Sh84 million. He has been accused of using his company, Oryx Service Station, to supply petrol and diesel to the county. The charge sheet indicates that Lenolkulal knowingly gained direct private interests in contracts between Oryx and the Samburu County government for fuel supply.

Speaking at the Milimani Anti-Corruption Courts, EACC Spokesperson Eric Ngumbi said that the ruling is of monumental significance in the fight against corruption.

"It is the first corruption case of a criminal nature involving a governor to come to its logical conclusion despite an earlier attempt by the DPP to withdraw it," he said.

Ngumbi noted that in a separate civil suit filed by the EACC, the money paid to Lenolkulal's company has since been recovered.

Others found guilty alongside Lenolkulal include Stephen Siringa, Daniel Nakuo, Josephine Naamo, Reuben Marumben, Milton Lenolngenje, Bernard Lesurmat, Lilian Balanga, and Hesbon Ndathi.

One of the main points of dispute, according to the magistrate, was the ownership of Oryx after Lenolkulal became governor.

As part of their defence, Lenolkulal and Ndathi presented a lease agreement in court, claiming that Lenolkulal had leased the station to Ndathi.

However, the court dismissed the unregistered lease as a sham, stating it was intended to hide the true nature of their dealings. But the court termed the unregistered lease as a sham and intended to conceal what he was doing with Ndathi.

The court at the same time cancelled their bond terms. The Magistrate declined an application by advocate Paul Nyamodi to have the convicts admitted to bail pending mitigation and sentencing.

"I don't find it appropriate to grant them bail pending mitigation. I disallow their application for release on bail," he said.

Parties are to appear in court on Thursday for mitigation.