Moses Lenolkulal: Former Samburu Governor Found Guilty In Ksh84M Corruption Case

Moses Lenolkulal, a former two-time Governor of Samburu, has been found guilty by the Anti-Corruption Court in Milimani alongside 12 others.

Lenolkulal, who becomes the first former governor to be convicted in an anti-corruption case, was in 2019 charged with abuse of office and graft-related counts in relation to a Ksh84 million Oryx Filling Station scandal, where he, as the owner, supplied his own county, leading to conflict and abuse of office.

Trial Magistrate Thomas Nzyoki ruled on Wednesday, August 28 that from the evidence produced in court by the ODPP, there is no doubt that Lenolkulal and his proxy Hesbon Ndathi were the ultimate beneficiaries of the public funds.

He found overwhelming evidence that Lenolkulal being the governor of Samburu at the time the offences were said to have been committed acted in a conflict of interest.

Then Deputy President William Ruto with Embu Governor Martin Wambora, and Samburu’s Moses Lenolkulal, March 26, 2022. /TWITTER

The magistrate relied on over 200 payment vouchers and lpos as evidence of Lenolkulal's direct trading with the county, adding that private interest compromised his integrity.

"A public officers must taken keen interest in the affairs of his office. They should always adhere to principles of good governance. In law a governor stands prohibited from trading with his county government," said Nzyuki.

He also faulted the county secretary who was the second accused person in the case for the role he played, stating that the county secretary signed and approved payments while aware Lenolkulal was the owner of 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 said the evidence adduced in court by the DPP led by prosecution counsel Wesley Namache was overwhelming in that Lenolkulal co-accused persons used their officers to improperly approve payments to Oryx.

Lenolkulal was charged with four counts of abuse of office and conflict of interest leading to the loss of Ksh84 million in public funds from the Samburu county government and was accused of using his company- Oryx service station- to supply petrol and diesel to the county government.

The Ethics and Anti-Corruption Commission (EACC) cited this as a clear case of conflict of interest, with the charge sheet showing Lenolkulal ‘knowingly acquired direct private interests in contracts between Oryx and Samburu county government for the supply of fuel”.

The ex-county boss was charged alongside Hesbon Ndathi and eight others. The court in July last year found he has a case to answer after Magistrate Nzyoki considered the testimony of 11 prosecution witnesses and 388 documentary exhibits that were presented throughout the hearing.

Lenolkulal in his defence told the court that his first move after his election as Samburu governor in 2013 was to declare his interest in Oryx Service Station, doing so by writing a letter to the county secretary.

The Defence has since requested for the accused persons to be released on bail pending the sentencing, but the prosecution asked the court not to consider it.

Former Samburu Governor Moses Lenolkulal in court during a 2019 proceeding. /EACC KENYA