Lenolkulal Appeals 8 Year Jail Term Alleges Magistrate Was Not Thorough

Former Samburu Governor Moses Lenolkulal who was convicted for graft, now alleges magistrate misinterpreted the law, failed to analyse evidence.

In his appeal, the former county chief faults the Magistrate for failing to fully analyze and evaluate the evidence produced by the Prosecution in the case and that the charges against him were not proved especially after the court said that the evidence produced in court in respect of the amounts paid were at variance with the amounts stated in the charge sheet.

"By substituting the figures set out in the charge sheet, the magistrate made a mistake in law by allowing himself to descend into the death of the trial court,

 Moses Lenolkulal was found guilty on Wednesday for corruptly obtaining Sh83 million through the supply of petroleum products to the county government while he was in office. Lenolkulal, along with 11 others, were convicted of abusing  authority by unlawfully benefiting himself and others through fraudulent dealings.

The case, overseen by Trial Magistrate Thomas Nzyoki, revealed that the prosecution presented clear evidence showing that Lenolkulal and his associate, Hesbon Ndathi, were the main beneficiaries of the misappropriated county funds. Magistrate Nzyoki underscored that Lenolkulal had a significant conflict of interest, which severely compromised his integrity as governor.

The court's decision was based on payment vouchers and Local Purchase Orders  that proved Lenolkulal had engaged in direct business transactions with the county government through his company, Oryx Service Station. Magistrate Nzyoki stressed that public officers are required to uphold principles of good governance and avoid any conflicts of interest, which Lenolkulal failed to do.

The county secretary, also implicated in the case, was criticized for his involvement in the fraudulent activities. The magistrate pointed out that the county secretary had knowingly signed and approved payments to Oryx Service Station, despite being fully aware that Lenolkulal owned the company. 

Prosecution counsel Wesley Namache expressed satisfaction with the ruling, noting the overwhelming evidence against Lenolkulal and his co-defendants. However, defense advocate Paul Nyamodi requested that the court allow the convicted individuals to remain out on bail pending mitigation and sentencing.