Kenya's High Court has overturned a prior conviction, clearing former Samburu County Governor Moses Lenolkulal in a corruption case linked to a Sh84 million fuel supply contract. The court stated there was no concrete evidence of conflict of interest or direct ties to the business. Two others implicated in the case have also been freed.
Former Samburu County Governor Moses Lenolkulal was convicted by the Anti-Corruption Court in August 2024, sentenced to eight years in prison and fined Sh83 million for allegedly securing personal benefits through a fuel supply contract for his county. The court also barred him from seeking any public office for ten years, making him the first county governor convicted in a major graft case.
However, the High Court has overturned that ruling, stating the prosecution failed to prove charges of conflict of interest or unlawful acquisition of property. The court noted, “It is my opinion that the element of control, ownership and management of Oryx was not proved beyond any reasonable doubt. Therefore, the charge of conflict of interest was not proved.”
The case centered on a contract between the county and Oryx Service Station, where Lenolkulal was accused of secret ties through businessman Hesbon Jack Wachira Ndathi, who managed the station. Evidence showed Lenolkulal leased the station to Ndathi for Sh70,000 per month, with no indication of profit-sharing or agency relationship. Ndathi confirmed taking loans and selling land to fund the business, without assistance from Lenolkulal.
The High Court also cleared former county chief officer Bernard Lesurmat, ruling he was not involved in the tender process as he joined later and his role was only to approve Sh9 million payments. The court emphasized that public officials must avoid conflicts of interest, but convictions require solid evidence.
This marks another loss for the Office of the Director of Public Prosecutions (ODPP) in corruption cases, with 18 high-profile graft matters withdrawn since 2013 despite robust investigations by the Ethics and Anti-Corruption Commission (EACC). The EACC has complained that its lack of prosecutorial powers hampers accountability and recovery of stolen funds.