The High Court
will this morning issue directions in an appeal case filed by Former Samburu
Governor Moses Lenolkulal following his conviction in the Sh83.3m graft case.
The matter is listed before anti-corruption Judge Benjamin Musyoki.
Lenolkulal was in August this year found guilty of corruptly enriching himself with Sh83.3m at the time he was in office.
He was the Governor of Samburu from 2013 and he also had a company called Oryx Service station.
The company would supply petrol and diesel to the county government for a period of six years.
It is this conduct that the magistrate termed as illegal.
The court said there was overwhelming evidence that the former county chief while serving as the Governor knowingly and unlawfully entered into contracts with the County Government of Samburu for the supply of fuel and received the millions through his registered business under the name of Oryx Service Station.
Being a public officer, Nzyoki explained that he held a private interest in the contracts, which was in conflict with his powers and the functions of his public office.
He faulted the governor for failing to uphold the principles of good governance and integrity required by public officers.
He said the law clearly prohibited Lenolkulal and other state officers from conducting business with a public entity for which he works for.
In arriving at his determination, Nzyoki relied on 231 payment vouchers and bundles of LPOs which the prosecution led by Counsel Wesley Namache produced as evidence to establish that Oryx was trading with the county.
The court also relied on evidence showing Oryx Service Station was paid the monies through the IFMIS (Integrated Financial Management Integrated System) on account of fuel supplied to the County during the period in issue.
But a day after his conviction and sentencing, the former county boss moved to the High Court and obtained a Sh10 million bond pending hearing of his appeal.
Separately, a Magistrates court will issue directions in a case in which Savannah Clinker company Chairman Benson Ndeta was charged in a Sh4.5bn fraud case.
The court is set to deliver a ruling today (Monday) on whether he will be released on bail after pleading to the charges on Friday.
He was set to spend the weekend in police custody but he managed to obtain orders at the High Court ordering his release.
Justice Bahati Mwamuye issued orders blocking his arrest and charging in matters touching Savannah Clinker.
He also said if Benson was already in custody over the matter, he should be released immediately.
