Former Samburu Governor Moses Lenolkulal has been acquitted by the High Court after judges overturned his conviction and eight-year sentence in the Sh83 million corruption case, ruling that the prosecution failed to provide credible evidence linking him to the alleged fraud.
The court held that the prosecution’s case was built on suspicion rather than proof, and that no clear connection was established between Lenolkulal and the operations of Oryx Service Station, the fuel supplier at the heart of the case.
Lenolkulal had been accused of using his position as governor to irregularly influence the award of fuel supply contracts to Oryx Service Station, which the State claimed was his company. However, the High Court found that during the period in question, Oryx was under a lease agreement between businessman Hesbon Jack Wachira Ndathi and Lenolkulal, with the latter merely earning Sh70,000 in monthly rent.
“The prosecution failed to show that the appellant had control over, or benefited from, Oryx Service Station during the relevant period,” the judge ruled, adding that criminal convictions must rest on evidence, not speculation or public perception.
The court also set free Ndathi, who had been accused of acting as Lenolkulal’s proxy, and former Samburu County Chief Officer Bernard Lesurmat, who was said to have facilitated payments to the company. It found that there was no proof of Lesurmat’s involvement in procurement or any indication that he had a personal stake in the transactions.
The High Court emphasized that while public officers must steer clear of conflicts of interest, such charges must be supported by hard evidence showing benefit or participation in the alleged scheme.
In 2022, the Anti-Corruption Court had found Lenolkulal guilty and sentenced him to eight years imprisonment or a fine of Sh83.4 million, citing conflict of interest and abuse of office. The latest ruling now erases that conviction, marking a decisive legal victory for the former county boss, who had maintained his innocence throughout the trial.
