Former Samburu governor Moses Lenolkulal was yesterday convicted of corruptly receiving Sh84 million for the supply of petroleum products at the county government when he was the county chief.

While delivering the lengthy judgment, Chief Magistrate Thomas Nzyoki of the Milimani Anti-Corruption Court said from the evidence produced in court by the Office of the Director of Public Prosecutions (ODPP), it is not in doubt that Lenolkulal and his proxy Hesbon Ndathi were the ultimate beneficiaries of the public funds.

He said there is overwhelming evidence that Lenolkulal being the governor of Samburu at the time the offences were committed acted in conflict of interest.

The magistrate said that he analysed the evidence and relied on over 200 payment vouchers and Local Purchase Orders as evidence of Lenolkulal’s direct trading with the county.

Compromised interest

He said the former governor’s integrity was thus compromised by private interest.

“A public officer must take 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 that led to the loss of the money. He said the county secretary signed and approved payments while aware Lenolkulal was the owner of 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 magistrate.

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 in 2019 with abuse of office and conflict of interest leading to the alleged loss of Sh84 million.

He was accused of using his company Oryx Service Station to supply petrol and diesel to the county.
The charge sheet indicated that Lenolkulal ‘knowingly acquired direct private interests in contracts between Oryx and Samburu for the supply of fuel.

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 said that the money paid to Lenolkulal’s company was recovered after EACc filed a separate suit.

Also found guilty were Stephen Siringa, Daniel Nakuo, Josephine Naamo, Reuben Marumben, Milton Lenolngenje, Bernard Lesurmat, Lilian Balanga and Hesbon Ndathi.

One of the main contentions, according to the magistrate, was over the ownership of Oryx after Lenolkulal was elected governor.

Lenolkulal and Ndathi produced a lease agreement in court as part of their defence.

The two claimed to have signed the agreement showing that the governor leased the station to Ndathi.
But the court termed the unregistered lease as a sham and intended to conceal the former governor’s collusion with Ndathi.

He said; “the purported landlord and tenant relationship sought to be explained by the agreement lacks credibility”.

The court declined an application by advocate Paul Nyamodi to have the convicts admitted to bail pending mitigation and sentencing and proceeded to cancel their bonds.

“I don’t find it appropriate to grant them bail pending mitigation. I disallow their application for release on bail,” said the Magistrate, setting the sentencing and mitigation for today.