Former Samburu Governor Moses Lenolkulal has been found guilty of corruptly receiving Sh84 million for the supply of petroleum products at the county government when he was the county chief.
Trial Magistrate Thomas Nzyoki said from the evidence produced in court by the ODPP, it is not in doubt that Lenolkulal and his proxy Hesbon Ndathi were the ultimate beneficiaries of the public funds.
He said there is overwhelming evidence that Lenolkulal being the governor of Samburu at the time the offences are said to have been committed acted in a conflict of interest.
The magistrate relied on over 200 payment vouchers and lpos as evidence of Lenolkulal's direct trading with the county.
He said his integrity was compromised by private interest.
"A public officers must taken keen interest in the affairs of his office. They should always adhere to principles of good governance. In law a governor stands prohibited from trading with his county government," said Nzyuki.
He also faulted the county secretary who was the second accused person in the case for the role he played that led to the loss of theoniew.
He said the county secretary signed and approved payments while aware Lenolkulal was the owner of Oryx service station.
"The accounting office flatly lied on oath that they didn't know Lenolkulal was the owner of Oryx. They shouldn't have approved the payments to Oryx," said the court.
The magistrate said the evidence adduced I'm court by the DPP led by prosecution counsel Wesley Namache was overwhelming in that Lenolkulal co-accused persons used their officers to improperly approve payments to Oryx.
Lenolkulal was charged in 2019 with abuse of office and conflict of interest leading to the alleged loss of sh 84million.
He has been accused of using his company Oryx Service Station to supply petrol and diesel to the county.
The charge sheet indicates Lenolkulal 'knowingly acquired direct private interests in contracts between Oryx and Samburu for the supply of fuel.
Speaking at the Milimani Anti-Corruption Courts, EACC Spokesperson Eric Ngumbi said that the ruling is of monumental significance in the fight against corruption.
"It is the first corruption case of a criminal nature involving a Governor to come to its logical conclusion despite an earlier attempt by the DPP to withdraw it," he said.
Ngumbi said in a separate civil suit filed by EACC, the money paid to Lenolkulal's company has since been recovered.
Also found guilty were Stephen Siringa, Daniel Nakuo, Josephine Naamo, Reuben Marumben, Milton Lenolngenje, Bernard Lesurmat, Lilian Balanga and Hesbon Ndathi
One of the main contentions, according to the magistrate, was on ownership of Oryx after Lenolkulal was elected governor.
Lenolkulal and Ndathi produced a lease agreement in court as part of their defence.
The two claimed to have signed the agreement showing that the governor leased the station to Ndathi.
But the court termed the unregistered lease as a sham and intended to conceal what he was doing with Ndathi.
He said the "purported landlord and tenant relationship sought to be explained by the agreement lacks credibility".
The court at the same time cancelled their bond terms.
He declined an application by advocate Paul Nyamodi to have the convicts admitted to bail pending mitigation and sentencing.
"I don't find it appropriate to grant them bail pending mitigation. I disallow their application for release on bail," said the Magistrate.
Parties are to appear in court on Thursday for mitigation.
