Former Samburu Governor Moses Lenolkulal and businessman Hesbon Jack Wachira Ndathi were on Tuesday acquitted by the High Court, which overturned their eight-year jail sentences and Sh84 million fines over corruption claims.
Lenolkulal had been accused that he acquired a direct private interest in a county petrol supply contract, ruling that Ndathi operated Oryx Service Station independently under a lease agreement and that there was no proof of profit sharing, control, or proxy relationship linking Lenolkulal to the business.
The court also cleared former county chief officer Bernard Lesurmat, noting that he joined the government after Oryx was already supplying fuel and that his approval of payments did not constitute evidence of conflict of interest, affirming that suspicion without cogent evidence cannot justify conviction.
Lenolkulal had been imprisoned following a ruling in August 2024 by the Anti-Corruption Court, which found him guilty of receiving Sh84 million for the supply of petroleum products to Samburu County during his time in office.
In the initial ruling, Justice Thomas Nzioki also barred Lenolkulal from applying for any public office for ten years.
His conviction made him the first county governor to be found guilty in a high-profile graft case.
However, the High Court overturned the previous finding, clearing him of the charges of conflict of interest and the unlawful acquisition of property tied to the procurement deal.
Meanwhile, the court also freed Hesbon Ndathi, who was accused of acting as Lenolkulal’s proxy, and former Samburu County Chief Officer Bernard Lesurmat, who was said to have facilitated payments to the company.
According to the court, while public officials must avoid situations that could create conflicts of interest, a conviction can only stand when supported by concrete proof of wrongdoing.
This is the latest case where the Office of the Director of Public Prosecutions (ODPP) has lost another high-profile case in a corruption-related case.
So far, 18 high-profile graft cases from 15 counties have been withdrawn by the ODPP since 2013, despite the Ethics and Anti-Corruption Commission (EACC) submitting what it insists were watertight investigation files.
In September this year, the EACC told the Senate County Public Accounts Committee (CPAC) in a report that its lack of prosecutorial powers has severely undermined its ability to hold corrupt officials accountable and recover stolen public funds.
According to the EACC, the trend not only weakens public confidence in anti-corruption efforts but also wastes significant resources invested in investigations, especially when cases are dropped without proper consultation.
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