Summary:
Former Samburu Governor Moses Lenolkulal has filed an appeal against his conviction and sentencing for the alleged misappropriation of Sh83.4 million. Lenolkulal argues that the trial Magistrate, Thomas Nzyoki, failed to properly evaluate the evidence, and he is seeking to have the conviction overturned.
Details:
Moses Lenolkulal, the former Governor of Samburu, has contested his conviction in a high-profile corruption case involving Sh83.4 million. Lenolkulal was found guilty of corruptly enriching himself while in office, a decision handed down by Magistrate Thomas Nzyoki.
In his appeal, Lenolkulal asserts that the trial magistrate did not thoroughly analyze and assess the prosecution’s evidence. The conviction, according to Lenolkulal, was flawed due to the magistrate’s alleged errors in handling the case.
Magistrate Nzyoki convicted Lenolkulal last week, finding him guilty of corruption for trading with the county through his company, Oryx Service Station. The company was used to supply fuel to the county. The magistrate based his verdict on 231 payment vouchers and local purchase orders, concluding that Lenolkulal’s private interests compromised his official duties.
The court determined that the correct amount received by Oryx Service Station was Sh83,467,995, a figure slightly lower than the Sh84.6 million stated in the charge sheet. Despite this discrepancy, Nzyoki ruled that the difference did not affect the substance of the case.
As a result, Lenolkulal was sentenced to pay a fine of Sh85.4 million or face eight years in prison. In his appeal, Lenolkulal argues that the magistrate erred by substituting figures from the charge sheet, which he claims deprived him of a fair trial.
Lenolkulal also contends that the trial court incorrectly applied the Anticorruption and Economic Crimes Act, despite evidence showing that no financial loss was incurred for the fuel and lubricants supplied.
The former governor is seeking to have his conviction overturned and his sentence quashed, with hopes for a full acquittal.
Additional Information:
Bond Status: Lenolkulal was released on a Sh10 million bond pending the appeal hearing.
Upcoming Court Dates: The court has scheduled a mention date for the appeal on October 31, 2024.
