Relief for ex-Governor Lenolkulal after High Court overturns 8-year jail term in Ksh.83M graft case

Former Samburu Governor Moses Lenolkulal has walked free after the High Court overturned his conviction and eight-year jail term, ruling that the prosecution failed to prove corruption and conflict-of-interest allegations against him.

The High Court faulted the prosecution’s case, saying there was no credible evidence linking Lenolkulal to the operations or profits of Oryx Service Station, the fuel supplier at the center of the Ksh.83 million corruption case.

Lenolkulal had been accused of using his position as Governor to influence the award of fuel supply contracts to Oryx Service Station, a company alleged to be linked to him.

But the court found that at the time of the transactions, Oryx was under a lease agreement between businessman Hesbon Jack Wachira Ndathi and Lenolkulal, with the former paying rent of Ksh.70,000 a month.

“The prosecution failed to demonstrate that the appellant exercised control or derived benefit from Oryx Service Station during the contract period,” the judge ruled, adding that suspicion alone was not sufficient to convict.

The ruling also freed Ndathi, who was accused of acting as Lenolkulal’s proxy, and former Samburu County Chief Officer Bernard Lesurmat, who was said to have facilitated payments to the company.

The court found no evidence that Lesurmat participated in the procurement process or had any personal interest in the fuel deals.

The High Court emphasized that while public officials must avoid situations that could create conflicts of interest, a conviction can only stand when supported by concrete proof of wrongdoing.

In 2022, the anti-corruption court had sentenced Lenolkulal to eight years in prison or a fine of Ksh.83.4 million, after finding him guilty of benefiting from county contracts through the fuel firm. The latest ruling now clears him of all charges, marking a major legal victory for the former county boss.