Former Samburu Governor Moses Lenolkul Granted Bail Pending Appeal

Kibera High Court has granted bail to former Samburu Governor Moses Kasaine Lenolkulal and his co-accused, Hesbon Jack Wachira Ndathi, pending the outcome of their appeal in a high-profile corruption case.

The ruling, delivered by Presiding Judge Diana Kavedza on Friday, allows both men to remain free on a Ksh.10 million bond each, with one surety of the same amount.The decision follows their conviction on Thursday in a case involving Ksh.84 million in alleged graft. Lenolkulal was fined Ksh.85 million, while Ndathi faced a fine of Ksh.83 million or, in default, an 8-year prison sentence.

The appellants filed a Chamber Summons on August 29, 2024, requesting bail on the grounds that their appeal has strong prospects of success. They contended that the trial magistrate made legal and factual errors, including failing to recognize that the Samburu County Government had received value for money in the procurement of goods and that they had properly declared their interests in the company involved, Oryx Service Station.

Additionally, the appellants cited health concerns as a reason for bail. Lenolkulal argued that his hypertension might deteriorate if imprisoned, while Ndathi expressed fears that his Type 2 diabetes and peripheral neuropathy could worsen in jail.

Judge Kavedza acknowledged that the appeal presented significant legal questions that might lead to a reversal of the trial court’s decision. However, she dismissed the health concerns as a basis for bail, noting that medical conditions can be managed within prison facilities.

The judge emphasized that bail post-conviction is discretionary and depends on the merits of the case. She found no personal violence involved in the charges, indicating that the appellants do not pose a risk to the public. Alongside the bail conditions, both Lenolkulal and Ndathi are required to surrender their passports and other travel documents to the court. The case is scheduled for a mention on October 31, 2024, for further proceedings.