Former Governor Convicted of Conflict of Interest In a Ksh 84 Million Corruption Case
Moses Lenolkulal, the former two-term Governor of Samburu, has been convicted of conflict of interest and unlawful acquisition of property in a high-profile corruption case that has captivated the nation.
Lenolkulal was found guilty of corruptly receiving Ksh84 million for the supply of petroleum products to Samburu County during his tenure. The former governor is the first county official to be convicted in a corruption case.
The ruling, issued by Chief Magistrate Thomas Nzyoki on Wednesday, August 28, is a watershed moment in Kenya’s fight against corruption.
However, it also emphasized the complexities of legal interpretations of public office conduct.
He was charged with abuse of office, along with 12 others, and the court found them guilty of various charges.
Former Samburu Governor Moses Kasaine Lenolkulal, along with eight former County Chief Officers and a businessman, were convicted today by a Nairobi Anti-Corruption Court for Conflict of Interest, Unlawful Acquisition of Public Property, and Abuse of Office.
— Office of The Director Of Public Prosecutions (@ODPP_KE) August 28, 2024
Chief Magistrate… pic.twitter.com/mLHzjIitLO
The Anti-Corruption Court in Nairobi has been at the center of this case since 2019 when Lenolkulal was charged with the misappropriation of Ksh84 million.
He was initially charged with several counts of abuse of office and graft.
The defence has requested that the accused be released on bail pending their sentencing.
However, the prosecution requested that the court not consider it. The court denied the former Governor bail.
However, the court did not convict Lenolkulal of abuse of office.
Instead, the court focused on his conflict of interest with an Oryx Service Station, which provided fuel to the Samburu County Government during his tenure.
“For the first accused, Moses Lenolkulal, I find you guilty of and convict you for conflict of interest contrary to provisions 42 (3) as read with Sections 48 (1) of ACECA),” ruled MChief Magistrate Nzyoki.
The prosecution focused on Lenolkulal’s ownership of the station.
The Ethics and Anti-Corruption Commission (EACC) argued that his involvement with the company constituted a clear conflict of interest.
EACC claimed that it provided him with direct financial benefits from contracts awarded by the same government he led.
The prosecution claimed that Lenolkulal used proxies to conceal his ownership, allowing him to illegally profit from the county’s finances.
Despite the allegations, Lenolkulal maintained his innocence throughout the trial.
In his defense, he claimed that he openly declared his interest in the Oryx Service Station shortly after being elected governor in 2013.
He presented a letter he wrote to the county secretary, which he claimed was copied to all relevant accounting and procurement officers, as proof of his openness.
Lenolkulal claimed that this declaration should have exempted him from the conflict of interest charges and that the prosecution overlooked this crucial detail.
Lenolkulal also testified that he took additional steps to distance himself from the company.
He claimed that he transferred ownership of Oryx and leased the station to Hesbon Ndathi to avoid any potential conflicts.
He also stated that he stopped being a signatory to Oryx’s bank account at Kenya Commercial Bank in October 2015, implying that he had cut ties with the company long before the allegations surfaced.
However, the prosecution’s case, supported by extensive documentation and witness testimony, painted a different picture.
According to Investigating Officer Joel Nyongesa, Lenolkulal’s actions were not just administrative oversights, but deliberate attempts to conceal his continued involvement with Oryx.
Nyongesa testified that Ndathi, the man to whom Lenolkulal claimed to have transferred the business, was actually a proxy used to conceal the governor’s ongoing financial interests.
Former Governor Convicted of Conflict of Interest In a Ksh 84 Million Corruption Case
