Former Samburu Governor Moses Kasaine Lenolkulal has been acquitted in a 2019 graft case.
Alongside him, his co-appellants Hesbon Jack Wachira Ndathi and Bernard Ltarasi Lesurmat were also cleared of all charges, bringing an end to years of legal battle.
According to court documents, the case began in the Milimani Chief Magistrate’s Anti-Corruption centred on allegations that the appellants had engaged in conflict of interest, abuse of office, and unlawful acquisition of public property related to the supply of fuel by Oryx Service Station to the County Government of Samburu.
The prosecution claimed that Lenolkulal, while serving as Governor, had improperly benefited from payments made to the petrol station, which was registered in his name.
During the trial, the prosecution alleged that Hesbon Ndathi, who had leased Oryx from the former governor, acted as a proxy for Lenolkulal, channelling government payments back to him.
"Particulars being that between March 27, 2013 and March 25, 2019 at Samburu County Government offices within Samburu County in the Republic of Kenya, being an agent of the Samburu County Government as the Governor and being the sole proprietor of Oryx Service Station he knowingly acquired a direct private interest in contract between Oryx Service Station and Samburu County Government for the supply of fuel," the court documents state.
The case relied heavily on financial transactions and records of payments to Oryx, which were argued to demonstrate the governor’s ongoing control of the business despite leasing it to the second appellant.
However, the defense countered that Ndathi had acquired full operational control of Oryx under a lease agreement dated 1 May 2013.
Under the terms, Ndathi was to pay quarterly rent of Sh70,000 and was responsible for managing all aspects of the petrol station.
The second appellant(Ndathi) provided evidence of invoices issued by Lenolkulal for rent payments and bank statements showing that he had financed the business with personal funds, loans, and proceeds from the sale of land.
Ndathi also explained that the Oryx bank account was introduced to him as a signatory to facilitate smooth operations and to settle pre-existing debts owed to Lenolkulal.
Ndathi’s witness, Evana Wangari Waithaka, a former employee of Oryx, corroborated the defense’s position, testifying that all operational and financial tasks, including invoicing, banking, and managing government fuel deliveries, were carried out under his direction.
“She had no relationship or interactions with the 1st appellant,” the judgment notes, emphasising that Lenolkulal did not participate in any procurement decisions or transactions with the government.
Cout documents further note that the third appellant, Bernard Lesurmat, who served as Chief Officer for Land, Housing, and Urban Development, joined the County Service in January 2015, after Oryx had already been pre-qualified to supply fuel.
Evidence presented in court indicated that he authorised payments for fuel delivered and had no involvement in the procurement process or any special relationship with the second appellant.
The trial court, however, found against the appellants, concluding that the governor maintained an interest in Oryx and imposing a fine.
"The two were sentenced to a fine of Sh1,000,000.00 each and in default to serve prison term of four years. In addition, they were sentenced to a mandatory fine of Kshs 83,460,995.00 under Section 48(1)(b) of ACECA," court documents read.
Dissatisfied with the ruling, the appellants lodged appeals, challenging the convictions on multiple grounds.
They argued that the trial court erred in disregarding the lease agreement and the operational control ceded to Ndathi.
They further contended that the prosecution failed to prove that Lenolkulal had knowingly benefited from any government payments.
The defense also highlighted that the declaration of conflict of interest submitted by the former governor on April 2013 had been received by the County Secretary, in accordance with Section 43 of the Public Procurement and Disposal Act.
"That 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 23/4/2013," they said.
This declaration, the appellants argued, removed any potential for conflict of interest.
In its judgment delivered on November 7, 2025, the High Court found the appeals meritorious.
The court ruled that the lease agreement between Lenolkulal and Ndathi ceded full control and benefits of Oryx to the second appellant.
It further noted that Ndathi had personally financed the business, demonstrating a level of responsibility inconsistent with that of a proxy.
“Such exercise and activities cannot be done by a representative but a person who takes personal risks for the business,” the court observed.
The judgment also held that Lenolkulal had complied with the law by declaring his conflict of interest and refraining from participating in any procurement decisions.
The evidence presented failed to link him to the operational or financial transactions related to government payments.
Regarding the third appellant, the court concluded that Lesurmat had acted within his capacity as Chief Officer, and no abuse of office had been demonstrated.
Finally, the court dismissed the charge of unlawful acquisition of public property, finding that all fuel supplied to the County was accounted for and payments were made for services duly rendered.
"Consequently, the appellants Moses Kasaine Lenonkulal, Hesbon Jack Wachira Ndathi and Bernard Ltarasi Lesurmat are hereby acquitted of the offences they were charged with in the said case," Justice Benjamin Musyoki ruled.
The court further ordered any fines paid by them be refunded
and quashed the order disqualifying the appellants from being elected or
appointed to any public office for a period of 10 years.
