The Anti-Corruption Court in Nairobi is set to deliver its judgment today in the case involving former Samburu Governor Moses Lenolkulal, who faces charges related to graft amounting to KShs 84 million. Lenolkulal was charged in 2019 with abuse of office and other graft-related offenses before the Milimani Anti-Corruption Magistrate Court.
The case involves four counts of abuse of office and conflict of interest, which allegedly led to the loss of Ksh 84 million in public funds from the Samburu County government. The prosecution claims that Lenolkulal used his company, Oryx Service Station, to supply petrol and diesel to the county government, a move that the Ethics and Anti-Corruption Commission (EACC) identified as a clear conflict of interest. According to the charge sheet, Lenolkulal “knowingly acquired direct private interests in contracts between Oryx and Samburu County government for fuel supply.”
Lenolkulal was charged alongside Hesbon Ndathi and eight others. Last year, the court ruled that Lenolkulal had a case to answer after Chief Magistrate Thomas Nzyoki considered testimony from 11 prosecution witnesses and examined 388 documentary exhibits presented during the hearings.
In his defense, Lenolkulal stated that upon his election as Samburu Governor in 2013, he declared his interest in Oryx Service Station. He claimed to have written a letter to the county secretary, with copies sent to all accounting and procurement officers, declaring his interest. Based on this declaration, Lenolkulal argued that the charges against him were misplaced, and the investigative agencies should have considered his declaration before proceeding with the charges.
Lenolkulal testified that he never benefited from funds from the Samburu County government through Oryx Service Station. He also claimed that he later transferred the ownership of Oryx and leased the station to Hesbon Ndathi to avoid any potential conflict of interest. He stated that he ceased being a signatory to the Oryx account with Kenya Commercial Bank in October 2015.
However, the prosecution contended that Lenolkulal used proxies to conceal the true ownership of Oryx Service Station to acquire Ksh 84 million from the county unlawfully. The Investigating Officer, Joel Nyongesa, testified that Ndathi was an agent used by Lenolkulal to benefit from unlawful transactions.
Chief Magistrate Nzyoki is expected to deliver his judgment in this case today.