Lenolkulal secures Sh10mn bail pending appeal on graft conviction

The judge found that the appeal raised significant and arguable questions of both law and fact, which could potentially overturn the trial court's findings.

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NAIROBI, Kenya, Aug 31– Former Samburu Governor Moses Lenolkulal and his co-accused have been granted Sh10 million surety bail each pending the hearing of their appeal against conviction in a corruption case. Kibera High Court Presiding Judge Diana Kavedza admitted the former county chief on bail Friday as she certified the application as urgent. She ordred Lenolkulal to surrender hsi passport to court and slotted the matter for mention on October 31.

Chief Magistrate Thomas Nzioki, sitting in Nairobi, handed Lenolkulal a 4-year jail term on Thursday for abuse of office with an alternative for the Governor to pay Sh1 million. Lenolkulal to pay Sh84mn fine or spend 4 years in jail He further slapped him with a Sh83 million fine over the award of petroleum supply tender to a poxy. The appellants, in their application supported by an affidavits sworn by their counsel Isaac Rene, raised nine grounds of appeal.



They asserted that the trial magistrate erred in law and fact by failing to acknowledge that the County Government of Samburu received value for its money in the procurement of goods, and that the appellants had declared their interest in the involved company, Oryx Service Station, as required by law. The appellants also cited health concerns, with Lenolkulal claiming that his hypertension could worsen if confined to jail. Another associate tld court his Type 2 diabetes, complicated by peripheral neuropathy, would pose grave danger to his life if detained.

The judge emphasized that the right to bail post-conviction is discretionary and dependent on the merits of the case. Arguable questions The judge found that the appeal raised significant and arguable questions of both law and fact, which could potentially overturn the trial court’s findings. In its decision on Thursday, the court barred Lenolkulal from holding public office for ten years.

The court imposed varying penalties for Lenolkulal associates mostly county employees. The officials include former County Secretary Stephen Letinina, and former chief officers Daniel Nakuo, Josephine Lenasalia, Reuben Lemuneyete, and Milton Lenolngenje. Others are Geoffrey Kitewan, Paul Lolmingan, Lilian Balanga, and Bernard Lesurmat.

The Ethics and Anti-Corruption Commission (EACC) is currently investigating forty other former and serving county officials for the loss of at least Sh100 billion. See author's posts.