The High Court in Kibera has granted bail to former Samburu Governor Moses Kasaine Lenolkulal and his co-accused, Hesbon Jack Wachira Ndathi, pending the hearing of their appeal against a conviction in a corruption case.
The ruling was delivered on Friday by Presiding Judge Diana Kavedza, who certified the application as urgent.
The two appellants had moved the court through a Chamber Summons dated August 29, 2024, seeking to be heard after they were on Thursday convicted in a Sh83 million graft case.
Lenolkulal was fined Sh5 million while Ndathi was fined Sh83 million, or in default serve eight year jail sentences.
They however moved to the High Court requesting to be released on bail, arguing that their appeal has overwhelming chances of success.
In their application, supported by an affidavit sworn by their lawyer, Isaac Rene, the appellants raised nine grounds of appeal.
The applicants argued that the trial magistrate erred in law and fact by failing to acknowledge that the County Government of Samburu received value for its money in the procurement of goods, and that the appellants had declared their interest in the involved company, Oryx Service Station, as required by law.
The appellants also cited health concerns, with Lenolkulal claiming that his hypertension could worsen if confined to jail, and Ndathi stating that his Type 2 diabetes, complicated by peripheral neuropathy, would pose grave danger to his life if detained.
They moved to the High Court requesting to be released on bail, arguing that their appeal has overwhelming chances of success.
Consequently, the court granted bail to both Lenolkulal and Ndathi, setting the bond at Sh10 million each, with one surety of a similar amount.
The appellants were also ordered to surrender their passports and other travel documents to the court.
The case will be mentioned on October 31, 2024, for further directions.
Lenolkul and 11 others were found guilty of the charges of abuse of office for conferring a benefit by the chief officers.
Trial Magistrate Thomas Nzyoki said from the evidence produced in court by the prosecution, it is not in doubt that the former governor and his proxy Hesbon Ndathi were the ultimate beneficiaries of the public funds.
The magistrate said there is overwhelming evidence that Lenolkulal being the governor of Samburu at the time the offenses are said to have been committed acted in conflict of interest.
The magistrate relied on over 200 payment vouchers and Local Purchase Orders as evidence against Lenolkulal direct trading with the county.
He said his integrity was compromised by private interest.
“A public officers must taken keen inter Sr I’m affairs of his office. They should always adhere to principles of good governance. In law a governor stands prohibited from trading with his county government,” said Nzyuki.
He also faulted the county secretary who was the second accused person in the case for the role he played that led to the loss of theoniew.
He said the county secretary signed and approved payments while aware lenolkulal was the owner of Oryx Service Station.
“The accounting officer flatly lied on oath that they didn’t know Lenolkulal was owner of Oryx. They shouldn’t have approved the payments to Oryx,” said the court.
The magistrate said the evidence adduced in court by the prosecution led by prosecution counsel Wesley Namache was overwhelming in that lenolkulals co accused persons used their officers to improperly approve payments to oryx.
Lenolkulal was charged in 2019 with abuse of office and conflict of interest leading to the alleged loss of sh 84million.
He was accused of using his company Oryx Service Station to supply petrol and diesel to the county.
The charge sheet indicates Lenolkulal ‘knowingly acquired direct private interests in contracts between Oryx and Samburu for the supply of fuel.
The charge of Conflict of interest proved against the Governor
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