BY IRENE ONYANGO.
Former Samburu Governor Moses Kasaine Lenolkulal has been sentenced to eight years in prison over graft.
Lenolkulal was found guilty of corruptly receiving about Sh83.4 million from the county government when he served as the governor.
Anti-corruption court magistrate Thomas Nzioki further barred Lenolkulal from holding public office for ten years after finding him guilty of unlawfully acquisition of public funds, abuse of office and conflict of interest.
For the offence of conflict of interest, the court sentenced Lenolkulal to pay a fine of Sh1 million or serve four years in jail.
The court said the mandatory sentence of paying twice the amount he is alleged to have stolen will be shared between Lenolkulal and businessman Hesbon Ndathi, with each paying Sh83.4 million.
The court found Lenolkulal guilty of using his company- Oryx service station to supply petrol and diesel to the county government of Samburu illegally.
According to court, the former governor was in conflict of interest when he traded with the county government of Samburu stating that a Governor is prohibited from trading with his county government.
“There was overwhelming and direct evidence that the Governor acted in conflict of interest and acquired direct personal benefit on the supply of fuel, he actively traded with the county government of Samburu during your tenure of two terms and this becomes a classical case and an example of conflict of interest”, ruled the court.
The court noted that Lenolkulal used Ndathi as a proxy to trade with the county government during his tenure as the county boss.
The prosecution called a total of 11 witnesses who testified against the Governor and 10 others and tabled 388 documentary exhibits to secure the convictions.
“Having considered the submissions by all the parties I arrive to the conclusion that the prosecution has proved it’s case beyond reasonable doubt”, ruled the Magistrate.
Lenolkulal was charged in 2019 alongside the former County Secretary Stephen Siringa Letinina and other county officials Daniel Nakuo Lenolkirina, Josephine Naamo Lenasalia, Reuben Marumben Lemunyete, Linus Milton Lenolngenje, Paul Lolmingani, Bernard Litarasi Lesurmat, Lillian Balanga, Geoffrey Barun Kitewan and Ndathi.
The county officials were ordered to pain a fine of Sh700,000 each.
Ethics and Anti-corruption Commission (EACC) welcomed the decision saying the fight against corruption was bearing fruits.
The EACC spokesperson Eric Ngumbi told the Press that this is the first Corruption case that has come to it’s logical conclusion despite the earlier attempt that the Director of Public Prosecution to withdraw the case.
“This is the first case of the criminal nature where the court has found the accused persons guilty despite the past attempts made by the dpp to withdraw this case in the beginning”, states Ngumbi.
He added that this is to send a message to all public officers, both at the National and County governments that there are consequences when one betrays public trust.
Lenolkulal said he will appeal against the conviction and the sentence.
