In a significant blow to former Samburu Governor Moses Lenolkulul, the High Court on Thursday, authorised the seizure and sale of his properties amid an ongoing corruption case.
Justice Esther Maina, ruling in favour of the Ethics and Anti-Corruption Commission (EACC), granted permission for the seizure and sale of four prime properties located in Karen, Nairobi.
The legal action stems from a case initiated by the EACC in 2019, aiming to recover more than Ksh 80 million allegedly obtained through corrupt means during Lenolkulul's tenure in Samburu County.
The court's decision to allow the seizure marks a pivotal moment in the case.
The commission has wasted no time in commencing the process to execute the court's orders, with plans to recoup the funds owed along with a 12% interest.
This move is part of the EACC's broader efforts to combat graft and hold accountable those implicated in corrupt activities.
Justice Maina's ruling sets a significant precedent regarding the forfeiture of public funds acquired through illegal means. The court's decision underscores that proceeds of corruption, even if used to fulfil contracts, must be returned to the state, irrespective of whether the funds were directly misappropriated.
According to filings by the Ethics and Anti-Corruption Commission (EACC), Lenolkulul purportedly used proceeds from corrupt activities to acquire four properties in Karen, each valued at Ksh 15 million, where he subsequently constructed residential houses. The commission alleges that these acquisitions were financed unlawfully during his tenure as governor.
During the period under investigation (2013/2014 to 2018/2019), Lenolkulul, while serving as governor, is accused of engaging in contracts with the Samburu County government for the supply of fuel through Oryx Service Station, a business registered solely in his name.
EACC contends that Lenolkulul received over Ksh 80 million from these contracts, which were deposited into an account held by Oryx Service Station at Kenya Commercial Bank Limited. The commission asserts that this constitutes a conflict of interest and violates anti-corruption laws.
Lenolkulul's legal troubles commenced in 2019 when he was arrested over the alleged misappropriation of public funds exceeding Ksh 84 million. Subsequent investigations revealed that funds were purportedly diverted to Oryx Service Station, co-owned by Lenolkulul and businessman Hesbon Ndathi, without adequate disclosure of his interests.
The former governor and 13 other Samburu County officials, including his deputy Julius Leseeto and several department heads, are set to face charges including conspiracy to commit economic crimes, abuse of office, and conflict of interest.
In response to the developments, a statement from the Director of Public Prosecutions highlighted discrepancies in the handling of public funds during Lenolkulul's tenure, underscoring the gravity of the charges brought against him and his associates.
As legal proceedings unfold, the case against Lenolkulul serves as a stark reminder of the ongoing battle against corruption in Kenya and the determination of authorities to hold accountable those entrusted with public office.
