From power to prison: How Moses Lenolkulal was nailed for graft

Former Samburu Governor Moses Lenokulal at a Milimani court during his sentencing on August 29, 202. He and some accomplices were found guilty of misappropriating Sh83.3 million during his tenure. [Collins Kweyu,Standard]

Moses Lenolkulal, once a towering figure in Samburu County, was yesterday sent to prison.

The Samburu governor was handed a total of eight years or a fine of Sh85.4 million for corruptly receiving millions of shillings in a tender for supply of petroleum products to the county he was governing.

Delivering the sentence, Milimani Anti-Corruption Court magistrate Thomas Nzyoki said the punishment serves multiple purposes of deterrence, retribution, and community protection.

The magistrate said the actions of the convict represented a deliberate breach of good governance principles and a serious misuse of public office.

 "There is no excuse for a governor to trade with county government. His motive remains the profits and not servant leadership," Nzyoki observed.

Lenolkulal was given a four-year prison term for the offence of conflict of interest and another four for benefiting from public property.

Lenolokulal's proxy, Hesbon Ndathi, was handed a sentence of four years in prison or pay a Sh1 millon fine for unlawful acquisition of public property.

Former county secretary Stephen Siringa and eight other county officials were sentenced to 4 years each or a fine of Sh700,000

Earlier on in mitigation, Lenolkulal had pledged his innocence in the matter requesting a non-custodial sentence, arguing that as a first-time offender and the sole provider for his family, a lenient sentence would be more appropriate.

He emphasised his belief in his innocence and claimed that his prosecution was politically motivated.

Lenolkulal asked the court not to impose a ban on his eligibility to run for political office, suggesting that such a move would be unjust.

Additionally, he requested that if a fine is imposed, it should be payable in installments due to the current challenging economic conditions.

"I am a sole bread winner of the family and parents. As much as the court can mete the penalties indicated in the law, I plead I get non-custodial jail as we seek further justice. I still believe that we are innocent and God will exonerate us. I have never had any shilling under Oryx Service Station," Lenolkulal said.

His journey from a promising leader to a convict is a dramatic narrative of ambition, greed, and the struggle for justice. 

The case is particularly impactful given the broader context of ongoing investigations and trials involving numerous other governors. 

Currently, the Ethics and Anti-Corruption Commission (EACC) says over 40 former and sitting governors are entangled in corruption cases, with the alleged misappropriated funds amounting to Sh100 billion.  

The successful prosecution and conviction of Lenolkulal, was the result of meticulous investigative work by EACC and strategic legal maneuvering by the Directorate of Public Prosecutions (DPP). 

It all began in 2018 when EACC got a tip-off about irregularities in fuel procurement involving Oryx and the Samburu County government.  

The crux of the scandal lay in payments made to Oryx, a business name associated with Lenolkulal. 

These payments, purportedly for the supply of fuel and lubricants to the Samburu government, were made between March 27, 2013 and March 25, 2019. 

The core accusation was that the transactions were part of an elaborate scheme to embezzle public funds. 

The EACC spearheaded the investigation to unravel the fraudulent activities during Lenolkulal's two-term tenure. 

The investigation was comprehensive, involving financial audits, forensic analysis, and extensive witness interviews.   

The prosecution relied on a wealth of evidence including 231 payment vouchers and 388 exhibits, supported by testimonies of 11 key witnesses. 

Among the key witnesses was Joseph Maiyani Lenalkuli, the head of the county's Treasury Accounting Unit. 

Lenalkuli produced 231 payment vouchers along with supporting documents such as invoices and LPOs, supposedly validating the payments to Oryx.  

Despite Lenolkulal's insistence that there was no loss of funds, the detailed scrutiny of these vouchers by EACC revealed discrepancies that suggested otherwise.  

Forensic analysis was pivotal in linking the former county boss and his associates to the fraudulent activities.  

Jacob Oduor and Stephen Yego, forensic document examiners at EACC, conducted a detailed examination of signatures on various financial documents. 

Their analysis established that the signatures on the questioned documents matched those of Lenolkulal, thus linking him directly to the approval and facilitation of the payments.  

A significant breakthrough came from digital forensic analysis conducted by Alex Kinyanjui another forensic analyst.  His investigation of electronic gadgets, including an phone belonging to Lenolkulal and that of Ndathi revealed communication and financial transactions that further implicated them. 

The presence of 14 Mpesa transactions and saved contacts, highlighted a direct financial connection between the two between February 10, 2017 and February 8, 2019, reinforcing the allegations of corruption.

The witness also revealed that, in a bid to hide the dealings with Ndathi, the former governor had saved his identity in his phone as "Hotel Wachira Spear." 

Witness testimonies were integral in corroborating the documentary and forensic evidence.

Joram Rimiti Lentoijoni, the acting head of supply chain management at the county, testified about the procurement process for fuel and lubricants. 

Although he testified that Oryx  was a pre-qualified supplier, he could not rule out the possibility of internal fraud within the procurement framework. 

Evans Osetero provided critical evidence linking the rental box associated with Oryx to David Lenolkulal, the former governor’s father. 

This connection helped establish a familial link between the accused and the business, further implicating Lenolkulal in the financial dealings of Oryx. 

The Registrar of Companies confirmed the connection between the governor and Oryx. 

Records showed that Oryx was registered under Lenolkulal's name, and money was paid through his personal bank account.