Former Samburu Governor Moses Lenolkulal has been hit with a mandatory fine of Sh83.4 million or four years in prison in default, following his conviction in the Oryx Filling Station scandal, in which he was found guilty of illegal acquisition of public property.
In addition, Lenolkulal will pay a fine of Sh1 million or face four years in prison in default for conflict of interest.
He has also been banned from vying for public office for ten years.
The Anti-Corruption Court in Nairobi has made history by convicting and punishing Lenolkulal, marking the first time a former county governor has received such a verdict.
The court on Wednesday found that Mr Lenolkulal, who was also the proprietor of Oryx Filling Station, corruptly received Sh84 million from supplying petroleum products to his county government, in a severe case of conflict of interest.
He was charged alongside nine former officials in his government and a businessman.
The nine ex-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 Mr Lenolkulal, 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 Section 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 Section 210 of the CPC.
In a judgment delivered on Wednesday, 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. He convicted the remaining eight persons accused of abuse of office.
– By OUMA OJANGO
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