Former Samburu Governor Moses Lenolkulal has been acquitted after the High Court overturned his previous conviction and eight-year prison sentence, ruling that the prosecution failed to provide sufficient evidence of corruption and conflict-of-interest.
The High Court criticized the prosecution’s case, noting that 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 allegations.
Lenolkulal had been accused of leveraging his position as governor to influence the award of fuel supply contracts to Oryx Service Station, a company purportedly connected to him. However, the court found that during the period in question, Oryx operated under a lease agreement between businessman Hesbon Jack Wachira Ndathi and Lenolkulal, with Ndathi paying a monthly rent of Ksh.70,000.
“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 is insufficient for a conviction.
The ruling also cleared Ndathi, who was accused of acting as Lenolkulal’s proxy, and former Samburu County Chief Officer Bernard Lesurmat, who was alleged 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 contracts.
While emphasizing that public officials must avoid situations that could create conflicts of interest, the High Court noted that a conviction can only stand when supported by concrete proof of wrongdoing.
In 2022, an 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 company. The latest ruling clears him of all charges, marking a significant legal victory for the former county governor.
