Former Samburu Governor Moses Lenolkulal has walked to freedom after the High Court nullified both his conviction and eight-year jail term over alleged conflict of interest in a fuel supply contract with the county government.
The court on Tuesday ruled that the prosecution failed to demonstrate that Lenolkulal had any ownership, control, or financial gain from Oryx Service Station, the company that supplied fuel to Samburu County.
The judge said there was no credible proof connecting him to the operations of the business or showing that he profited from its transactions.
Businessman Hesbon Jack Wachira Ndathi, who had been accused of acting as Lenolkulal’s front man in running the petrol station, was also set free.
The judge said evidence presented in court did not show that Ndathi operated Oryx on behalf of the former governor or that they shared any financial benefits from the fuel supplies.
“In that regard, it is my finding that the element of control, actual ownership and management of Oryx was not proved beyond any reasonable doubt. I therefore find that the count for conflict of interest was not proved beyond reasonable doubt,” the ruling read in part.
The court emphasized that while public officials are not permitted to trade with government entities, the prosecution in this case did not provide sufficient proof linking Lenolkulal to the fuel business dealings.
Both Lenolkulal and Ndathi had earlier been convicted of receiving millions from the county and fined Sh83.4 million each, or face an additional four years in prison if they failed to pay.
The court noted that Oryx Service Station indeed supplied fuel to the county government, but evidence showed that Lenolkulal had already leased the station to Ndathi for a monthly rent of Sh70,000, payable quarterly. The lease agreement, the court found, contained no clause suggesting any profit-sharing between the two men.
The judge faulted the lower court for basing its conviction on assumption and suspicion rather than tangible proof, saying that even if there appeared to be a close relationship between the two, “no amount of suspicion can lead to a conviction.” The court added that the prosecution failed to disprove the defence’s explanation that their relationship was purely that of a landlord and tenant.
Former county chief officer Bernard Lesurmat, who had also been found guilty in the case, was similarly acquitted. The High Court ruled that there was no evidence linking him to the procurement process that awarded Oryx the fuel supply contract, noting that he only approved payment for fuel already delivered.
“In this case, having found that there was no proof of conflict interest as I have done above, the charge against the 3rd appellant (Lesurmat) has to follow the same route,” the court said.
The judge further observed that registration of a business under an individual’s name does not automatically mean that the person controls or manages it. The evidence showed that Ndathi had leased the business and had invested his own resources, including taking bank loans and selling land to keep it afloat. Witnesses also confirmed that the county received fuel as per the contract and got full value for the payments made.
The court concluded that the prosecution’s case was riddled with doubt and that the alleged conflict of interest had not been proven, leading to the full acquittal of all three accused persons.
