Former Samburu Governor Moses Lenolkulal has been set free after the High Court overturned his conviction and eight-year jail term in a major blow to the prosecution’s case in the Ksh. 83 million fuel supply scandal.
In a landmark ruling, the High Court ruled that prosecutors failed to adduce credible evidence linking Lenolkulal to either operations or profits at Oryx Service Station, the fuel company at the heart of the controversial corruption allegations.
Lenolkulal had faced serious accusations of abusing his gubernatorial powers to influence the award of lucrative fuel supply contracts to Oryx Service Station, a company prosecutors claimed was connected to him.
However, the court found out that at the material time, Oryx was operating under a valid lease agreement between a businessman, Hesbon Jack Wachira Ndathi, and Lenolkulal, with Ndathi paying a monthly rent of Ksh.70,000.
“The prosecution failed to demonstrate that the appellant exercised control or derived benefit from Oryx Service Station during the contract period,” the judge ruled, emphasizing that suspicion alone cannot justify a criminal conviction.
The court’s decision brings to an end a protracted legal battle that has captivated public attention since the governor’s initial conviction.
The High Court also acquitted two co-accused individuals: Ndathi, who prosecutors alleged acted as Lenolkulal’s proxy, and former Samburu County Chief Officer Bernard Lesurmat, accused of facilitating payments to the company.
The Court found no evidence that Lesurmat participated in the procurement process or maintained any personal interest in the fuel deals.
While the High Court recognized that public officials cannot have conflicts of interest, it pointed out that convictions must be based on substantial evidence of wrongdoing, not mere speculation.
The anti-corruption court in 2022 had sentenced Lenolkulal to eight years imprisonment or Ksh.83.4 million fine after convicting him of benefiting from county contracts. This latest ruling completely clears the former governor of all charges, dealing a major blow to the fight against corruption.
The ruling also comes days after the Nairobi Anti-Corruption Court acquitted former Nairobi Governor Evans Kidero in a Ksh213 million case due to lack of evidence.
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