Moses Lenolkulal, the former two-time Governor of Samburu, has been convicted of conflict of interest and unlawful acquisition of property in a prominent corruption case that has drawn national attention.
The verdict, issued by Chief Magistrate Thomas Nzyoki on Wednesday, August 28, represents a pivotal development in Kenya’s ongoing battle against corruption, while also underscoring the intricate nature of legal interpretations regarding the conduct of public officials.
The Anti-Corruption Court in Nairobi has been the focal point of this case, which originated in 2019 when Lenolkulal was charged with the misappropriation of Ksh 84 million.
Initially, he faced multiple allegations of abuse of office and corruption.
However, the court did not convict him on the abuse of office charges, instead concentrating on the conflict of interest related to his association with Oryx Service Station, a company that provided fuel to the Samburu County Government during his administration.
Lenolkulal’s ownership of the service station became a central element of the prosecution’s argument.
The Ethics and Anti-Corruption Commission (EACC) contended that his connection to the company constituted a blatant conflict of interest, as it allowed him to gain direct financial advantages from contracts awarded by the government he was overseeing.
The prosecution asserted that Lenolkulal employed proxies to conceal his ownership, thereby enabling him to unlawfully benefit from the county’s funds.
Throughout the trial, Lenolkulal maintained his innocence. In his defense, he claimed to have disclosed his interest in Oryx Service Station shortly after his election as governor in 2013.
He provided a letter addressed to the county secretary, which he asserted was also shared with all pertinent accounting and procurement officials, as proof of his transparency.
Lenolkulal argued that this declaration should have absolved him of the conflict of interest charges and that the prosecution overlooked this crucial aspect.
