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Former Samburu Governor Moses Lenolkulal has a case to answer for allegedly corruptly receiving Sh84.7 million for supply of petroleum products at the county government.

Milimani Anti-Corruption Chief Magistrate Thomas Nzyoki found that the prosecution had established a prima facie case against Lenolkulal and nine former County Executive Committee (CEC) members and his proxy Hesbon Ndathi.

The magistrate, however, acquitted all the 11 accused persons on the charge of conspiracy to commit an offence of corruption, which led to unlawful payment of Sh84,695,996 to Lenolkulal through a petrol station known as Oryx Service Station.

While acquitting the accused on the charge, the magistrate said the charge was not proven as some of the accused were not in employment at the county government when the initial procurement process was done in 2013.

Nzyoki, however, said the prosecution had presented evidence to warrant Lenolkulal, Ndathi, former County Secretary Stephen Letinina, Chief Finance Officer Daniel Lenolkirina, former Chief Officer in charge of Environment and Natural Resources Josephine Lenasalia, Chief Officer in charge of Agriculture Reuben Lemunyete, Education’s Linus Lenolngenje, Transport’s Paul Lolmingani, Lands’ Bernard Lesurmat and Lilian Balanga being placed on their defence.

“After evaluation of the evidence adduced by 11 prosecution witnesses and 388 documentary exhibits, I am satisfied that a prima facie case has been established against all the 10 accused persons herein. I therefore put them on their defence,” ruled the magistrate.

The magistrate also acquitted the former head of supply chain management Geoffrey Kitewan for the offence of conspiracy to commit an offence of corruption after the State failed to prove the charge against him.

“I acquit the accused person on the first count as the same is far-fetched and a prima facie case has not been established,” ruled the magistrate.

In his ruling on whether the accused has a case to answer, the magistrate dismissed the defence submission to have the former county boss and co-accused acquitted for lack of evidence.
The magistrate said that, after evaluating the 231 payment vouchers and the charge sheet, he was convinced that even though the figures were invariant, the same would not form a basis to declare the charges defective.

Lenolkulal was arraigned in April 2019 with four charges of corruption to defraud his then administration of more than Sh84 million.