Former Samburu Governor Moses Lenolkulal was Wednesday found guilty of corruptly receiving Sh83 million for the supply of petroleum products at the county government.
This was when he was the county chief.
He and 11 others were found guilty of the charges of abuse of office for conferring a benefit by the chief officers.
Trial Magistrate Thomas Nzyoki said from the evidence produced in court by the prosecution, it is not in doubt that the former governor and his proxy Hesbon Ndathi were the ultimate beneficiaries of the public funds.
The magistrate said there is overwhelming evidence that Lenolkulal being the governor of Samburu at the time the offenses are said to have been committed acted in conflict of interest.
The magistrate relied on over 200 payment vouchers and Local Purchase Orders as evidence against Lenolkulal direct trading with the county.
He said his integrity was compromised by private interest.
“A public officers must taken keen inter Sr I’m affairs of his office. They should always adhere to principles of good governance. In law a governor stands prohibited from trading with his county government,” said Nzyuki.
He also faulted the county secretary who was the second accused person in the case for the role he played that led to the loss of theoniew.
He said the county secretary signed and approved payments while aware lenolkulal was the owner of Oryx Service Station.
“The accounting officer flatly lied on oath that they didn’t know Lenolkulal was owner of Oryx. They shouldn’t have approved the payments to Oryx,” said the court.
The magistrate said the evidence adduced in court by the prosecution led by prosecution counsel Wesley Namache was overwhelming in that lenolkulals co accused persons used their officers to improperly approve payments to oryx.
Lenolkulal was charged in 2019 with abuse of office and conflict of interest leading to the alleged loss of sh 84million.
He was accused of using his company Oryx Service Station to supply petrol and diesel to the county.
The charge sheet indicates Lenolkulal ‘knowingly acquired direct private interests in contracts between Oryx and Samburu for the supply of fuel.
The charge of Conflict of interest proved against the Governor
The prosecution said they were happy with the ruling.
Advocate Paul Nyamodi pleaded with the court to have Lenolkulal and his co accused persons to remain out on bail pending mitigation and sentencing.
The prosecution opposed the application.
This comes amid complaints from prosecutors which insiders say don’t meet threshold for prosecution.
The ODPP has always demanded the agencies to up their game.
Also found guilty were Stephen Siringa, Daniel Nakuo, Josephine Naamo, Reuben Marumben, Milton Lenolngenje, Bernard Lesurmat, Lilian Balanga and Hesbon Ndathi.
The court at the same time cancelled 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 find it appropriate to grant them bail pending mitigation. I disallow their application for release on bail,” said the Magistrate.
Parties to appear in court on Thursday for mitigation.
