Ex-governor Lenolkulal has case to answer in Sh84 million corruption case

Former Samburu Governor Moses Lenolkulal. [Wilberforce Okwiri, Standard]

Former Samburu Governor Moses Lenolkulal could face a lengthy jail sentence after being found with a case to answer in a Sh84 million corruption case.

Anti-corruption chief magistrate Thomas Nzyoki ruled that the prosecution had proved its case against the ex-governor and his eight co-accused persons.

 Nzyoki said that was enough to warrant putting them on their defence for abuse of office and unlawful acquisition of public property.

“Having carefully evaluated the prosecution’s evidence, the court is satisfied that there is a prima facie case against the nine accused persons which means they have a case to answer,” ruled Nzyoki.

The decision means that Lenolkulal will be in the dock to defend himself and should he fail to convince the court, he could face up to six years in jail or a fine three times the amount said to have been lost by his county government.

Lenolkulal was found with a case to answer alongside his former County chief executive members Stephen Letinina, Daniel Lenolkirina, Josephine Lenasalia, Reuben Lemunyete, Linus Lenolngenje, Paul Lolmingani, Benard Lesurmat and Lilian Balanga.

The magistrate ruled that the prosecution proved that the ex-governor abused his office by conferring a benefit to himself when he acquired Sh84,695,996 through his company Oryx Service Station for the supply of fuel to the County Government of Samburu.

“The prosecution has also proved that he engaged in conflict of interest by trading with his own county government and unlawful acquisition of the Sh84,695,996 which warrants putting him on his defence,” ruled Nzyoki.

He added that the other accused persons who were all senior executive officers in Lenolkulal’s county government will carry the burden of aiding him and approving the payments to his company.

The magistrate directed the accused to decide how they will defend themselves by either choosing to remain silent and allow the court to pass a judgment, calling witnesses or swearing statements in their defence.

The prosecution’s case was that the ex-governor incorporated and registered Oryx Service Station after he was elected into office in 2013 as a conduit for siphoning public funds from the county government.

Investigations by the Ethics and Anti-Corruption Commission showed that the company was awarded an exclusive contract for supply of fuel to the county government in a clear case of conflict of interest where an elected leader was using money meant for the public to pay himself.

EACC told the court that between 2013 and 2018, the ex-governor  received in excess of Sh84 million in his personal account from the county coffers by purporting that his company had supplied diesel and petrol for use by the county’s vehicles.

According to EACC, Lenolkulal colluded with his county officials to siphon the money using bribery, conflict of interest and blatant disregard of the poor people the devolved money was supposed to serve.

The prosecution also stated that the ex-governor and his officials inflated costs and made fictitious procurement contracts which led to the loss of millions of shillings from the county government.

The case will be mentioned on July 27 to fix the defence hearing date.