Former governor Lenolkulal appeals 8-year sentence

By Peter Ochieng 

Former Samburu governor Moses Kassaine Lenolkulal is back in court.

He has filed an appeal against his conviction and sentencing, in the Sh83 million corruption case.

In suit papers, Lenolkulal faulted the trial magistrate for not fully analysing the evidence presented by the prosecution.

He wants the Court of Appeal to set aside the lower court decision, adding that he was wrongfully convicted.

"The learned magistrate erred in fact and law by failing to fully analyse and evaluate the evidence adduced and thereby arrived at the wrong conclusions of fact," argues the former county boss.

"The learned Magistrate erred in law by failing to appreciate the meaning and effect in law of the Appellant’s Declaration of Conflict of Interest dated 23rd April, 2013," he stated.

He claimed the sentence imposed on him was unlawful, despite being found guilty of unlawfully acquiring Sh84 million when he served as governor.

In a landmark ruling last week, Milimani Anti-corruption Court Chief Magistrate Thomas Nzioka fined the former county boss approximately Sh85 million following his conviction for unlawfully acquiring Sh84 million from Samburu County coffers.

Lenolkulal, alongside 10 co-accused persons was found guilty of various charges, including abuse of office, conflict of interest, and unlawful acquisition of public property.

The court directed the former Samburu governor and businessman Hesbon Jack Wachira to each pay a fine of Sh83,345,255, reflecting the amount unlawfully acquired from public funds, and should they fail to pay, they face an alternative sentence of four years in prison.

The court further ordered the former governor to pay a fine of Sh1 million shillings, or in default serve another four years for the offence of conflict of interest, adding up to 8 years.

In addition to the fines and imprisonment, the court disqualified Lenolkulal from holding any elective office for a period of 10 years.