Former Samburu Governor Moses Lenolkulal is now a free man after the High Court overturned his conviction and eight-year jail sentence for corruption and conflict of interest.
Mr. Lenolkulal had been accused of acquiring a direct private interest in a contract between the Samburu County Government and Oryx Service Station, a petrol business linked to him. However, the court found that prosecutors failed to prove beyond reasonable doubt that the former governor controlled or benefited from the company during the contract period.
Businessman Hesbon Jack Wachira Ndathi, who operated Oryx Service Station, was also acquitted. The court ruled there was no evidence that he acted as a proxy for Mr. Lenolkulal or that the two shared profits from the business.
“In that regard, it is my finding that the element of control, actual ownership, and management of Oryx was not proved beyond reasonable doubt. I therefore find that the count for conflict of interest was not proved beyond reasonable doubt,” the judge said.
The court emphasized that its decision should not be interpreted as allowing public officers to conduct business with their employers, but rather that the prosecution had failed to link Mr. Lenolkulal directly to the county government’s fuel procurement deals.
The trial court had previously found Mr. Lenolkulal and Mr. Ndathi guilty of corruptly receiving millions from the county government and ordered them to pay fines of Sh83.4 million each or serve an additional four years in prison.
However, the High Court noted that while the fuel was indeed supplied to the county by Oryx Service Station, Mr. Lenolkulal had already leased out the business to Mr. Ndathi for a monthly rent of Sh70,000, paid quarterly. The lease agreement contained no clause indicating a profit-sharing arrangement between the two men.
The court further stated that although the trial court was justified in inferring a close relationship between Mr. Lenolkulal and Mr. Ndathi, suspicion alone could not sustain a conviction.
“The inference of closeness cannot, without cogent evidence, be the basis of conviction. The trial court erred in rejecting the appellants’ defence that their relationship was that of landlord and tenant,” the judge ruled.
In addition, former Samburu County Chief Officer Bernard Lesurmat was also acquitted. The court found no evidence that he was involved in the procurement process that prequalified Oryx Service Station to supply fuel to the county. It noted that Mr. Lesurmat joined the county government after Oryx had already begun supplying fuel and only approved a payment of Sh9 million as part of his official duties.
The High Court’s ruling effectively clears all three men of corruption and conflict-of-interest charges related to the case.
By Sheila Mutua
