Former Samburu Governor Moses Lenolkulal has been fined Ksh83 million after being convicted of corruption charges.
Lenolkulal has also been barred from holding public office for 10 years.
“The first accused person (Moses Lenolkulal) will pay a fine of Ksh83,460,995 which is equivalent to twice the benefit after apportioning public funds unlawfully acquired between yourself and the 11th accused person,” Chief Magistrate Thomas Nzioki ruled on Thursday, August 29, 2024.
“The 11th accused person Hesborn Ndathi shall pay a fine of Ksh83 million equivalent to twice the benefit after dividing public funds unlawfully acquired between you and the first accused (Moses Lenolkulal).”
All the accused persons in the case will also be required to pay a fine of Ksh1 million or serve a four-year jail term.
Lenolkulal and 10 others were convicted of the 2013 to 2019 scandal in which he supplied fuel to his county.
Lenolkulal, who has become the first former Governor to be convicted in a corruption case since the advent of Devolution, was convicted 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 boss of Supply Chain Management, were also convicted of misuse of office.
The Ethics and Anti-corruption Commission (EACC) investigated a complaint of financial malfeasance, conflict of interest, and theft 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.
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 boss of Supply Chain, Geoffrey Kitewan, and Hesborn Ndathi, a businessman were arraigned in April 2019 before the Anti-Corruption Court in Milimani.
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 boss of Supply Chain Management, Mr Kitewan, for lack of evidence under Sec. 210 of the CPC.
In a judgment delivered on Wednesday, August 28, 2024, Chief Magistrate Thomas Nzyoki convicted the former Governor on count three of conflict of interest. He also convicted him alongside Hesborn Ndathi on count four of unlawful acquisition of public property, being Ksh83,345,255 which the County Government of Samburu paid Oryx Filling Station for the supply of fuel and lubricants. He convicted the remaining eight accused persons of misuse of office.
