Former Samburu Governor Moses Lenolkulal has been found guilty of corruptly receiving Kes.84 million for supplying petroleum products to the county government during his term in office.
Trial Magistrate Thomas Nzioki declared that the evidence presented by the Office of the Director of Public Prosecutions (ODPP) clearly demonstrated that Lenolkulal and his proxy, Hesbon Ndathi, were the primary beneficiaries of these public funds.
The court found Lenolkulal guilty of using his company, Oryx Service Station, to supply fuel to the Samburu County Government, creating a conflict of interest.
Magistrate Nzioki emphasized that the overwhelming evidence showed Lenolkulal acted unethically while serving as governor.
The magistrate based his judgment on more than 200 payment vouchers and Local Purchase Orders (LPOs), which proved Lenolkulal’s direct business dealings with the county. Nzioki pointed out that Lenolkulal’s private interests compromised his integrity.
“A public officer must take a keen interest in their office’s affairs and adhere to the principles of good governance. The law prohibits a governor from trading with their own county government,” Magistrate Nzioki stated Wednesday.
The court dismissed the defense’s claims that no money was lost, highlighting the gravity of the corruption charges. The prosecution built its case using the testimony of 11 witnesses and 388 documentary exhibits, all revealing a systematic misuse of public funds.
Lenolkulal, along with ten co-accused, was found to have manipulated public resources for personal gain. Other former county officials charged alongside the governor were also found guilty of abuse of office.
The court specifically criticized the county secretary, the second accused in the case, for his role in the financial misconduct. It was noted that the county secretary signed and approved payments despite knowing that Lenolkulal owned Oryx Service Station.
“The accounting office falsely claimed under oath that they did not know Lenolkulal owned Oryx. They should not have approved the payments to Oryx,” the court remarked.
Charged in 2019 with abuse of office and conflict of interest, Lenolkulal was implicated in the alleged loss of Sh84 million. EACC Spokesperson Eric Ngumbi confirmed that the funds paid to Lenolkulal’s company have been recovered in a separate civil suit filed by the EACC.
This conviction marks the first time a sitting or former Kenyan governor has been convicted by the Anti-Corruption Court.
Ngumbi, speaking at the Milimani Anti-Corruption Courts, highlighted the ruling’s significance in the fight against corruption. “This is the first criminal corruption case involving a governor to reach its logical conclusion, despite an earlier attempt by the DPP to withdraw it,” he said.
Sentencing is expected today (Thursday) at 10:30am.
