- He admitted to the court that by the time the 5 were hired the procurement process was already in place.
- The charge sheet indicates Lenolkulal ‘knowingly acquired a direct private interest in contracts between Oryx and Samburu for the supply of fuel.
Image: FILE
Five chief officers charged alongside ex-Samburu governor Moses Lenolkulal were not employees of the county at the time investigations into the Sh86 million graft case commenced, a Nairobi court has heard.
The investigating officer Joel Nyongesa while being cross-examined by the defence counsels said the probe period was between 2013 to 2019.
He admitted to the court that by the time the 5 were hired the procurement process was already in place.
The five are Josephine Naamo, Reubens Marumben, Linus Milton, Bernard Lesumrat, Lilian Balanga and Geoffrey Barun.
The officers served in various departments within the county but they were employed in 2014.
Asked whether he recorded statements from any of the chief officers who were in office in 2013 when the probe began, the investigating officer said they didn't.
He also said none of the officers were related to any of the pre-qualified companies and they did not receive any benefit from Oryx Service Station.
"There was a loss because that money was not supposed to be paid out in the first place, " he said.
"What we confirmed was that the transaction between 2013 and 2019 was not supposed to be there in the first place and there was no correspondence from EACC and DPP.
"I also cannot comment further on an application that was withdrawn," he said.
Nyongesa is the last witness in the case. He was giving his evidence in the case where Lenolkulal has been charged with abuse of office and conflict of interest leading to the loss of public funds.
He is accused of using his company-Oryx service station to supply petrol and diesel to the county.
The charge sheet indicates Lenolkulal ‘knowingly acquired a direct private interest in contracts between Oryx and Samburu for the supply of fuel.
He is facing the charges alongside Hesbon Ndathi, and nine others are alleged they committed the offence between March 27, 2013, and March 25, 2019, in Maralal town.
In his testimony, Nyongesa said Lenolkulal used his proxies to conceal the real ownership of the Oryx service station in a bid to unlawfully acquire millions from the county.
He told trial magistrate Thomas Nzyuki that Ndathi was an agent used by Lenolkulal to benefit from unlawful transactions.
The hearing will proceed on Tuesday.