Moses Lenolkulal freed on Sh10 million bond, day after corruption conviction
Former Samburu Governor Moses Lenolkulal in court on August 29, 2024.
Former Samburu governor Moses Kasaine Lenolkulal and businessman Hesbon Wachira Ndathi have been released on bond of Sh10 million each, a day after they were jailed by a Nairobi court for corruption.
High Court judge Diana Kavedza ordered Mr Lenolkulal and Mr Ndathi to deposit bonds of Sh10 million each and sureties of similar amounts, to secure their release, pending the hearing and determination of their appeals.
The two were found guilty of corruptly receiving millions from the county government, and abuse of office among other offences.
They were given the option of paying a mandatory fine of Sh83.4 million each or serve eight years in jail for the offences.
The duo moved to the High Court arguing that their appeals have high chances of success and should be released on bond. They maintained that the county government got value for money as fuel was supplied.
Mr Lenolkulal added that he suffers from a repeated bout of hypertension and there is a high risk that being confined to jail could trigger rapid health deterioration and a life-threatening condition.
Mr Ndathi on his part stated that he suffers from Type 2 Diabetes with a complication of peripheral neuropathy and has been on treatment since 2023 hence his medical condition would certainly cause grave danger to his life if in detention while the appeal was pending determination.
“The 1st (Lenolkulal) and 2nd (Ndathi) applicants are each admitted to a bond of Kshs. 10,000,000 with one surety of a similar amount,” said the judge adding that the two should deposit their passports and all travelling documents in court, as a condition for their release.
The former Samburu county boss was accused of using proxies and his firm- Oryx Service Station to enter into contracts with the county government for the supply of fuel.
The court was informed that Oryx Service station supplied fuel to the county government between 2014 and 2019 and an analysis of the flow of funds between his bank account and that of Oryx Service Station revealed that public funds were received into the firm’s bank account from the county government and withdrawn or transferred into his personal bank accounts.
In the intended appeal, Mr Lenolkulal pointed out that there were inconsistencies and contradictions between the amounts set out in the charge sheet and the amounts extracted from the IFMIS platform.
He said in one of the counts, they were charged with unlawful acquisition of Sh84.6 million yet they were sentenced to a mandatory fine of Sh83.4 million.
They further argued that the trial magistrate erred in failing to consider a crucial and substantial fact that the county government of Samburu got value for its money, goods were ordered and indeed delivered, as captured in the Auditor General's Report.
“To my mind, these are, among others, arguable and critical questions that the appellate court must grapple with which, if proved, are capable of assailing the findings of the trial magistrate thus rendering the appeal meritorious,” the judge said in the ruling.
The court directed the matter to be mentioned on October 31, for further directions.
