Former Samburu Governor Moses Lenolkulal has been found guilty of corruptly receiving Sh84 million for the supply of petroleum products at the county government when he was the county chief.
Trial Magistrate Thomas Nzyoki said from the evidence produced in court by the ODPP, it is not in doubt that Lenolkulal and his proxy Hesbon Ndathi were the ultimate beneficiaries of the public funds.
Lenolkulal was found guilty of using his company, Oryx Service Station, to supply fuel to the Samburu County Government, creating a clear conflict of interest.
He said there is overwhelming evidence that Lenolkulal being the governor of Samburu at the time the offences are said to have been committed acted in a conflict of interest.
The magistrate relied on over 200 payment vouchers and lpos as evidence of Lenolkulal’s direct trading with the county.
He said his integrity was compromised by private interest.
“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.
The court rejected the defence’s claims that no money was lost, emphasising the gravity of the corruption.
The prosecution’s case was based on the testimony of 11 witnesses and 388 documentary exhibits, all of which pointed to a systematic misuse of public funds.
Lenolkulal, along with ten other co-accused, was discovered to have manipulated public resources for personal gain. Other former county officers charged alongside the governor were found guilty of abuse of office.
Chief Magistrate Thomas Nzioki, who presided over the case, determined that there was sufficient evidence to prove Kasaine and his co-accused’s guilt.
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 theoniew.
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 court.
The magistrate said the evidence adduced I’m 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 sh 84million.
He has been accused of using his company Oryx Service Station to supply petrol and diesel to the county.
The charge sheet indicates Lenolkulal ‘knowingly acquired direct private interests in contracts between Oryx and Samburu for the supply of fuel.
