What nailed ex-Governor Lenolkulal in Sh83.3m graft case

Former Samburu Governor Moses Lenolkulal spent the night at Nairobi Remand Prison Industrial Area after the court found him guilty of corruptly enriching himself with Sh83.3 million when he was in office.

He was found guilty by anti-corruption magistrate Thomas Nzyoki on charges of conflict of interest and unlawful acquisition of property.

When he was sworn in as governor in 2013, Lenolkulal had a company called Oryx Service Station.

The company supplied petrol and diesel to the county government for six years.

The magistrate termed the conduct illegal.

The court said there was overwhelming evidence that Lenolkulal knowingly and unlawfully entered into contracts with the Samburu government for 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.

The magistrate said the law 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 Nyamache, Alex Akula and Delroy Mwasaru, 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 money through the Integrated Financial Management Integrated System on account of fuel supplied to the county.

However, the court said the main contention was on ownership of Oryx after Lenolkulal was appointed governor.

Lenolkulal defended himself saying he did not do business with the county because as soon as he became the governor, he leased Oryx Service Station to Hesbon Ndathi.

He produced a lease agreement to substantiate the claim.

But the court after carefully analysing the evidence said the agreement lacked credibility.

Nzyoki termed the 'unregistered lease' as a sham used to conceal what he was doing with his proxy, Ndathi.

The magistrate said the claim by Ndathi that he became sole proprietor was unfounded because the governor retained full control. He did not relinquish his business.

"He remained the account holder of Oryx Service Station. There was no formal change of ownership of the station or bank account," he said.

This meant that the business continued to be his as he continued to be a signatory of the Oryx Service Station’s bank account.

"From the evidence on record, it is not in doubt that Lenolkulal and his proxy Hesbon Ndathi were the ultimate beneficiaries of the public funds. Lenolkulal's integrity was compromised by private interest," he said.

Lenolkulal in a bid to prove his innocence had told the court he had declared a conflict of interest.

The Leadership and Integrity Act mandates all state officers to maintain and operate a register of conflict of interest.

They are to register the particulars of their interest and nature of conflict of interest, among other issues.

But the magistrate in analysing the document produced by Lenolkulal said it fell short of a proper document of interest.

"In summary, that document maintained by the county is a mockery. It's not a proper register for declaration of interest. You are cheating the law," he said.

From the face of it, the magistrate said the nature of conflict of interest was not well defined.

The court faulted county secretary Stephen Siringa in the role he played in signing and approving the payments that led to the loss of the money.

The prosecution, he said, was able to prove the county officers used their offices to improperly approve payments to Oryx.

"The county officers flatly lied on oath. They shouldn't have approved the payments to oryx," Nzyoki said.

Also found guilty in the case is Benard Litarasi.

He was the lands chief officer.

He was convicted for using his office to improperly confer a benefit of Sh9 million to Lenolkulal trading as Oryx Service Station for supply of fuel to Samburu county government.

Gender chief officer Lilian Balanga was also found guilty for using her office to improperly confer a benefit of Sh548 million to Lenolkulal trading as Oryx for supply of fuel.

Others found guilty are Daniel Nakuo, Josephine Naamo, Reuben Marumben, Milton Lenolngenje and Ndathi.

They will appear in court on Thursday for mitigation after their bond terms were cancelled following conviction. 

The judgment by the court came at a time the Senate moved to dilute a key anti-graft law to allow state officers and their families to do business with the government. 

The conviction of the former governor is a double loss after the High Court recently ordered him not to sell or lease four properties he had acquired in Karen, one of them is his palatial home.

He was also ordered to pay the state Sh80 million after the EACC won a recovery suit it had filed against him.