Moses Lenolkulal, the former two-time Governor of Samburu, has been found guilty of conflict of interest and unlawful acquisition of property in a high-profile corruption case that has captivated the nation.
Lenolkulal has been found guilty of corruptly receiving Ksh84 million for the supply of petroleum products to Samburu County during his tenure. The former governor becomes the first county boss to be convicted in a graft case.
The ruling, delivered by Chief Magistrate Thomas Nzyoki on Wednesday, August 28, marks a significant moment in Kenya’s fight against corruption, though it also highlighted the complexities surrounding legal interpretations of public office conduct.
He was charged alongside 12 others, who the court found guilty of abuse of office among other charges.
The Anti-Corruption Court in Nairobi has been at the centre of this case, which dates back to 2019 when Lenolkulal faced charges related to the misappropriation of Ksh84 million. He was initially accused of multiple counts of abuse of office and graft.
The Defence has requested for the accused persons to be released on bail pending the sentencing. The prosecution however, asked the court not to consider it. The court denied the former Governor bail.
However, the court did not find Lenolkulal guilty of abuse of office, focusing instead on the conflict of interest surrounding his involvement with an Oryx Service Station, a company that supplied fuel to the Samburu County Government during his tenure.
"For the first accused, Moses Lenolkulal, I find you guilty of and convict you for conflict of interest contrary to provisions 42 (3) as read with Sections 48 (1) of ACECA)," ruled MChief Magistrate Nzyoki.
Lenolkulal’s ownership of the station became a focal point of the prosecution’s case. The Ethics and Anti-Corruption Commission (EACC) argued that his involvement with the company was a clear conflict of interest, as it provided him with direct financial benefits from contracts awarded by the very government he was leading.
The prosecution contended that Lenolkulal used proxies to mask his ownership, enabling him to unlawfully profit from the county’s coffers.
Despite these accusations, Lenolkulal maintained his innocence throughout the trial. In his defence, he asserted that he had openly declared his interest in Oryx Service Station shortly after being elected governor in 2013.
He presented a letter he had written to the county secretary, which he claimed was also copied to all relevant accounting and procurement officers, as evidence of his transparency. Lenolkulal argued that this declaration should have exempted him from the conflict of interest charges and that the prosecution failed to consider this critical detail.
Lenolkulal further testified that he had taken additional steps to distance himself from the company. He claimed that he transferred the proprietorship of Oryx and leased the station to Hesbon Ndathi to eliminate any potential conflicts.
He also stated that he ceased being a signatory to Oryx’s bank account with Kenya Commercial Bank in October 2015, suggesting that he had severed his ties with the company long before the allegations surfaced.
However, the prosecution’s case, built on extensive documentation and witness testimonies, painted a different picture. According to the Investigating Officer Joel Nyongesa, Lenolkulal’s actions were not merely administrative oversights but deliberate attempts to conceal his continued involvement in Oryx. Nyongesa testified that Ndathi, the man to whom Lenolkulal claimed to have transferred the business, was in fact a proxy used to mask the governor’s ongoing financial interests.
