Court convicts former Samburu Governor in a precedent-setting judgement
29:08:2024: The Anti-Corruption Court in Milimani has found former Samburu Governor Moses Kasaine Lenolkulal and ten others guilty of the 2013 to 2019 scandal in which he supplied fuel to his county.
Mr Lenolkulal, who has become the first former Governor to be convicted in a corruption case since the advent of Devolution, was found guilty of conflict of interest and unlawful acquisition of public property alongside nine former senior officials in his government and one businessman.
The nine former senior officials, including the County Secretary, six Chief Officers of Finance, Environment, Agriculture, Transport, Land, and Gender, a Deputy Director of Education, and the Head of Supply Chain Management, were also found guilty of abuse of office.
EACC investigated a complaint of financial malfeasance, conflict of interest, and embezzlement of funds by senior officials of the Samburu County Government in 2019. Investigations revealed that the Governor of Samburu County, with the help of some of his senior officials and a local businessman, traded with Samburu County through Oryx Service Station for fuel and oil lubricants from 2013/2014 to 2018/2019.
Upon completion of the investigations, the Commission submitted its report to the DPP, who, upon review, concurred with the Commission’s recommendations to charge with various offenses.
The suspects; Moses Lenolkulal, former Governor; Stephen Letinina, former County Secretary; former Chief Officers Daniel Lenolkirna, Finance; Josephine Lenasalia, Environment; Reuben Lemunyete, Agriculture; Paul Lolmingani, Transport; Benard Lesurmat, Land; Lilian Balanga, Gender; former Deputy Director of Education, Linus Lenolngenje; and former Head of Supply Chain, Geoffrey Kitewan, and Hesborn Ndathi, a businessman were arraigned in April 2019 before the Anti-Corruption Court in Milimani, where they pleaded not guilty to the charges.
On July 13, 2023, the Court ruled that the Prosecution had proved a prima facie case against ten of the 11 accused persons on several counts and placed them to their defense under Sec.211 of the Criminal Procedure Code (CPC). The Court, however, dropped the conspiracy to commit an offense of corruption charges in count one against all the accused. It also acquitted the Head of Supply Chain Management, Mr Kitewan, for lack of evidence under Sec. 210 of the CPC.
In a judgment delivered today, August 28, 2024, Chief Magistrate Hon. Thomas Nzyoki convicted the former Governor on count three of conflict of interest. He also found him guilty alongside Hesborn Ndathi on count four of unlawful acquisition of public property, being Kes83,345,255 that the County Government of Samburu paid Oryx Filling Station for the supply of fuel and lubricants. He convicted the remaining eight accused persons of abuse of office.
The Court reconvenes tomorrow, August 29, 2024, for sentencing.
