I will appeal and win, defiant Lenolkulal says after court slaps him with Sh83.4m fine
Former Samburu governor Moses Lenolkulal says he will appeal his conviction and sentencing after the anti-corruption court ordered him to pay a Sh83.4 million fine.
His lawyer Paul Nyamondi said the ex-governor will appeal the sentence because they believe Mr Lenolkulal is innocent since the county received the services it paid for from the company.
He added that the monies he received from doing business with the county are set to be recovered by authorities.
While issuing the sentence on Thursday evening, Chief Magistrate Thomas Nzioki said the county ex-boss is also banned from public office for ten years.
Mr Lenolkulal will also be required to pay another Sh2 million or in default spend eight years in prison for the offences of conflict of interest and unlawful acquisition of property.
Businessman Hesbon Ndathi, whom Mr Lenolkulal used as a proxy in order to corruptly benefit from the county, was also fined Sh83 million.
The magistrate said the case before court was on breach of public trust.
"There was no excuse for him to trade with the county. The acquisition of Sh83 million was a benefit that went into his pocket and that of Mr Ndathi," he said.
Mr Lenolkulal's other co-accused, who were officials at the county, were fined Sh700,000 or serve 4 years.
The other convicts are former county secretary Stephen Letinina, former chief officers Daniel Nakuo, Josephine Lenasalia, Reuben Lemunyete and Milton Lenolngenje. Others are Geoffrey Kitewan, Paul Lolmingan, Lilian Balanga and Bernard Lesurmat.
Mr Nzioki imposed the sentence after taking into consideration their mitigation before court.
"This being a corruption matter, I've considered various objectives being deterrence, retribution, denunciation and community protection," he said.
DPP request
Earlier, the Office of the Director of Public Prosecutions (ODPP), which previously wanted to withdraw the Sh84 million graft case against former Samburu Governor Moses Lenolkulal, had urged the Anti-Corruption Court in Nairobi to hand down the maximum penalty.
hrough prosecuting counsel Riungu Gitonga, DPP Renson Ingonga on Thursday told Chief Magistrate Thomas Nzioki to impose a severe sentence on grounds that the former governor breached the trust of the people of Samburu, a marginalised community.
He submitted that Mr Lenolkulal corruptly received more than Sh83 million from funds allocated to the county from the National Treasury by trading privately with the government he was heading.
"Corruption has to be made painful...this court can make order forfeiture of property acquired through monies received corruptly from the county," he said.
Governors, the DPP said, earn a salary above Sh950,000 but Mr Lenolkulal sought to benefit himself even further.
"I urge this court to hand down the proper sentence on the accused who are first offenders whom the DPP has proven beyond reasonable doubt the accused committed the offence," he said.
