Governor Lenolkulal’s Sh81m graft case resumes

A corruption case in which the anti-graft agency is seeking to recover more than Sh80.7 million from Samburu Governor Moses Lenolkulal resumes on Thursday before Justice Esther Maina.

The Ethics and Anti-Corruption Commission believes the cash and other assets are proceeds of corruption.

The court has already frozen Sh14 million the governor holds in various banks, as well as properties in Karen, Nairobi, valued at over Sh60 million.

The matter was supposed to be heard on May 8, but Oryx Service Station, a party in the matter, was granted more time to seek representation, prompting the judge to adjourn it until today.

Two witnesses from the Samburu County government – the heads of procurement and the county treasury – have already testified.

The EACC believes Governor Lenolkulal received the money after trading with the county government, contrary to the law.

Mr Lenolkulal is charged alongside nine others and has been barred from accessing his offices. 

His co-accused include County Secretary Stephen Siringa Letinina, Daniel Nakuo Lenolkirina, Josephine Naamo Lenasalia and Reuben Marumben Lemunyete.

The EACC claims that Oryx Service Station, which is associated with the governor, was paid millions through various bank transactions by the Samburu County government.

The fuel station is said to have been awarded a tender to supply the county government with petrol and diesel, with EACC saying the company is owned by Mr Lenolkulal and another person identified as Hesbon Jack Wachira Ndathi.

Mr Alex Kinyanjui, a digital forensic analyst with the EACC, told the court in March that the county boss had received the money through his friend’s M-Pesa account.

Mr Kinyanjui produced an M-Pesa statement as evidence that the governor received Sh339,900 from Mr Ndathi for the alleged fraudulent supply of fuel.

The expert tabled in court a forensic examination report showing how the money was wired to the governor between 2017 and 2018 via M-Pesa.

Mr Lenolkulal, Mr Ndathi and nine others are linked to an alleged Sh80.7 million fuel scandal in which Oryx Service Station was said to have been awarded a tender to supply petrol and diesel to the county government.

The M-Pesa forensic statement shows the money was wired in 14 transactions by Mr Ndathi, the highest amount being Sh50,000 and the lowest Sh10,000.

Prosecution sought to link the governor and the businessperson to the scandal through the forensic report.

Mr Kinyanjui said Governor Lenolkulal had saved the contact of Mr Ndathi as ‘Hotel Wachira spear’ on his iPhone.

"From the M-Pesa messages ranging from February 10, 2017 to February 8, 2019 from the governor's Apple iPhone, I discovered a sender by the name Hesbon Ndathi, who had been saved as 'Hotel Wachira spear' by the governor in his phone. He sent him (governor Lenolkulal) monies in 14 different transactions," Mr Kinyanjui told the court.

The witness added that he had retrieved the data on the transactions on the request of the investigator in the case.

The data was collected from the governor's Apple iPhone, Samsung, Nokia and Infinix cellphones, as well as from MacBook Pro and HP laptops, tablets and a Fujitsu CP. Further data was reportedly obtained from mobile phones belonging to Mr Ndathi.

The governor’s electronic gadgets were impounded by EACC detectives on February 20, 2019 during a raid at his homes.

Mr Lenolkulal has been barred from accessing his office until the criminal trial is concluded.

Mr Kinyanjui testified that data from the Integrated Financial Management Information System (IFMIS) indicated that the Samburu County government paid Sh73.1 million to Oryx Service Station.

The payments were made between August 22, 2014 and January 16, 2019 but the invoice indicated Sh76.4 million.

Mr Lenolkulal and Mr Ndathi, who are accused of unlawfully obtaining at least Sh84.6 million from the county government, suffered a setback after the trial magistrate declined to rule that the forensic report be declared inadmissible as evidence in the case.

The defence had protested that the report had not been supplied to them. The magistrate ordered that the lawyers be furnished with the report and stood Mr Kinyanjui down from the witness box to allow them time to peruse the forensic report.

The governor, the businessperson and nine others are accused of illegally obtaining money from the county administration between March 27, 2013 and March 25, 2019 in Maralal town.

The EACC told the court that the governor benefited from public funds through innumerable high-value tenders and contracts for the supply of fuel for the county government's motor vehicles.

The tender was allegedly awarded by the county’s head of supply chain management.

Prosecutors said the service station received at least Sh84.6 million from the county government and split it between the governor and Mr Ndathi.

They also allege a conflict of interest on the part of the governor.

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