Former Samburu Governor Moses Lenolkulal has moved to the High Court seeking to set aside the conviction and sentence passed against him last week.
In an application filed at the High Court, Lenolkulal and his co-accused, Hesbon Wachira now want the judgement, conviction and sentence delivered by the Chief Magistrate’s Court in Nairobi set aside.
They accordingly want to be acquitted under Section 215 of the Criminal Procedure Code.
Lenolkulal, who has since been released on bond pending the appeal, argues that the trial magistrate erred in law in convicting and sentencing him to eight years in jail after he was found guilty of corruptly obtaining Sh83 million from the Samburu county government when he served as governor between 2013 and 2022.
Lenolkulal claims that the Magistrate erred in fact and law by falling to fully analyze and evaluate the evidence adduced and thereby arrived at the wrong judgement.
“The learned magistrate erred in law by failing to appreciate the meaning and effect in law of the appellant’s declaration of conflict of interest dated 23rd April, 2013,” he states in court papers.
Conflict of interest
He alleges that having found that the evidence adduced in respect of the amounts paid to him by the County Government of Samburu were at variance with the amounts set out in Counts 3 and 4 of the Amended Charge Sheet, the Magistrate erred in law by substituting the amounts set out in the said counts with amounts derived from his own tabulation.
Last Thursday, Chief Magistrate Thomas Nzioki fined Lenolkulal Sh85 million after he was found guilty of corruptly receiving public funds.
Lenolkulal and 10 other co-accused persons were convicted of various counts including abuse of office, conflict of interest and unlawful acquisition of public property.
Lenolkulal became the first former governor to be convicted in a corruption case since the advent of Devolution, was found guilty of conflict of interest and unlawful acquisition of public property alongside nine former senior officials in his government and one businessman.
