Former Samburu Governor Moses Lenolkulal is a free man after the High Court overturned his conviction and eight-year jail sentence in a Ksh.83 million corruption case, ruling that the prosecution failed to prove its allegations beyond reasonable doubt.
The decision, delivered on Tuesday, marks a major legal victory for Lenolkulal, who had been accused of conflict of interest and abuse of office during his tenure as county governor. The court found that the prosecution’s evidence was insufficient to link him directly to the operations or profits of Oryx Service Station, the fuel supplier at the heart of the case.
“The prosecution failed to demonstrate that the appellant exercised control or derived benefit from Oryx Service Station during the contract period,” the judge ruled. “Suspicion alone is not enough to convict an individual of a criminal offence.”
A Case Built on Assumptions
The case, which had become one of Kenya’s most high-profile corruption prosecutions involving a sitting governor, alleged that Lenolkulal used his position to influence the award of fuel supply contracts worth Ksh.83 million to Oryx Service Station — a company said to be associated with him.
However, the High Court found that Oryx Service Station was under a lease agreement during the disputed period, legally operated by businessman Hesbon Jack Wachira Ndathi, who was paying Lenolkulal Ksh.70,000 per month in rent.
According to the court, this arrangement meant that Lenolkulal neither managed nor financially benefited from the company’s operations at the time the fuel supply contracts were awarded by the Samburu County Government.
Other Accused Also Freed
The ruling also cleared Hesbon Ndathi and former Samburu County Chief Officer Bernard Lesurmat, who had been charged alongside Lenolkulal. Ndathi had been accused of acting as a proxy for the former governor, while Lesurmat was alleged to have facilitated irregular payments to Oryx Service Station.
In its detailed judgment, the court held that there was no evidence that Lesurmat had participated in procurement processes or had any personal interest in the contracts.
“The mere fact that payments were made to the supplier does not, without more, establish a corrupt relationship or misuse of office,” the judge noted.
Earlier Conviction Overturned
In 2022, the Anti-Corruption Court had convicted Lenolkulal, sentencing him to eight years in prison or an alternative fine of Ksh.83.4 million after finding him guilty of personally benefiting from the fuel supply contracts.
That ruling had been hailed as a landmark victory for Kenya’s anti-graft campaign and seen as a warning to county chiefs accused of misusing public funds.
However, Lenolkulal immediately appealed, maintaining that the case was politically motivated and built on “misinterpretation and assumptions.” His legal team argued that the prosecution had failed to show any financial trail linking him to the alleged kickbacks or profits from the fuel supplier.
Tuesday’s High Court decision now clears him of all charges, effectively restoring his freedom and clearing his record.
Implications and Reactions
Legal analysts say the judgment highlights the judiciary’s growing insistence on evidence-based prosecution in graft cases, amid concerns about politically driven investigations.
“The High Court’s message is clear — corruption cases must be proved through verifiable evidence, not suspicion,” said a Nairobi-based legal scholar. “It’s a setback for the prosecution, but a win for due process.”
Although the Ethics and Anti-Corruption Commission (EACC) has not yet announced whether it will appeal the ruling, sources close to the agency indicated it was “reviewing the judgment carefully.”
Lenolkulal, who served as Samburu Governor from 2013 to 2022, has largely maintained a low political profile since his conviction. In a brief statement following the ruling, he thanked his family and supporters for their “unwavering faith” during the legal battle, adding that “truth has finally prevailed.”
The court’s decision is likely to reignite debate over the handling of corruption cases involving former county leaders, several of whom are also battling charges of abuse of office and conflict of interest.
For Lenolkulal, however, the judgment brings a decisive end to a long and damaging chapter in his political career.
