On Wednesday, the county government found former Samburu Governor Moses Lenolkulal guilty of corruptly receiving Sh83 million for the supply of petroleum products.
This occurred during his tenure as county chief. The chief officers found him and 11 others guilty of abusing their positions by conferring benefits.
The prosecution’s evidence, according to Trial Magistrate Thomas Nzyoki, leaves no doubt that the former governor and his proxy, Hesbon Ndathi, were the ultimate beneficiaries of the public funds.
The magistrate found overwhelming evidence that Lenolkulal, who was Samburu’s governor at the time of the alleged offences, acted in a conflict of interest.
The magistrate relied on over 200 payment vouchers and local purchase orders as evidence against Lenolkulal’s direct trading with the county.
He claimed that private interests had compromised his integrity.
“A public officer must take a keen interest in the affairs of his office. They should always adhere to principles of ethical governance.”
“The law prohibits a governor from trading with his county government,” Nzyuki stated.
He also faulted the county secretary, who was the second accused person in the case, for the role he played that led to Tonyiew’s loss.
He claimed that the county secretary signed and approved payments while aware that Lenolkulal was the owner of Oryx Service Station.
“The accounting officer flatly lied under oath, saying they didn’t know Lenolkulal was the owner of Oryx.”They shouldn’t have approved the payments to Oryx,” said the court.
The magistrate stated that the prosecution, led by Wesley Namache, presented compelling evidence in court, demonstrating that the co-accused individuals of Lenolkull improperly approved payments to Oryx.
In 2019, Lenolkulal faced charges of abuse of office and conflict of interest, which resulted in an alleged loss of Sh 84 million.
He was accused of supplying the county with gasoline and diesel through his company, Oryx Service Station.
According to the charge sheet, Lenolkulal “knowingly acquired direct private interests in contracts between Oryx and Samburu for the supply of fuel.”
There was no reasonable doubt that the governor had a conflict of interest.
The prosecution said they were pleased with the ruling.
Advocate Paul Nyamodi pleaded with the court to have Lenolkulal and his co-accused remain on bail pending mitigation and sentencing.
The prosecution opposed the application.
This comes amid prosecutors’ complaints, which insiders say don’t meet the threshold for prosecution.
The ODPP has consistently demanded that the agencies step up their performance.
Also found guilty were Stephen Siringa, Daniel Nakuo, Josephine Naamo, Reuben Marumben, Milton Lenolngenje, Bernard Lesurmat, Lilian Balanga, and Hesbon Ndathi.
At the same time, the court annulled their bond terms.
He declined an application by advocate Paul Nyamodi to have the convicts admitted to bail pending mitigation and sentencing.
“I don’t think it is appropriate to grant them bail pending mitigation,” the magistrate said. “I disallow their application for release on bail.”
On Thursday, the parties will appear in court for mitigation.
