Former Samburu Governor Moses Lenolkulal has filed an appeal challenging the High Court's decision to sentence him to eight years in prison with an alternative payment of Ksh84 million after he was found guilty of engaging in corruption.
In his petition, the former governor faulted Chief Magistrate Thoma Nzioki for failing to properly analyse evidence presented before him by the prosecution.
Lenolkulal in his petition, called on the Appellate Court to consider setting aside the case for a lower court to hear and rule on the matter.
"The learned Magistrate erred in fact and law by falling to fully analyze and evaluate the evidence adduced and thereby arrived at the wrong conclusions of fact," Lenolkulal argued.
"The learned Magistrate erred in law by falling to appreciate the meaning and effect in law of the Appellant’s Declaration of Conflict of Interest dated 23rd April, 2013," he added.
Lenolkulal claimed the sentence imposed on him was unlawful and thus the need for the Court of Appeal to urgently expedite the matter.
The governor, who served for two terms, was on August 28 ordered to pay Ksh84 million after he was found guilty of conflict of interest and unlawful acquisition of property in a high-profile corruption case that has captivated the nation.
Meanwhile, Lenolkulal's accomplice who was accused of aiding the governor in mismanaging the county funds was ordered to pay Ksh83 million.
According to Judge Nzioki, the former governor's action went against the constitution specifically Chapter six on Leadership and Integrity. The court observed that the former governor engaged in corruption and broke the public's trust.
"There was no excuse for him to trade with the county. The acquisition of the Ksh83 million was a benefit that went to his pocket and that of his accomplice,” Judge Nzioki ruled.
“This being a corruption matter, I have considered various objectives being deterrence, retribution, denunciation and community protection.”
The former Governor was however, released after posting a bond of Ksh10 million.
