Delivering the judgment, Justice Benjamin Musyoki ruled that the prosecution had failed to prove key elements of the case against Lenolkulal and his co-accused, Hesbon Jack Wachira Ndathi and Bernard Ltarasi Lesurmat.

“This court finds that the appeals herein are merited and are hereby allowed. The convictions and sentences meted against the appellants… are set aside, and consequently the appellants Moses Kasaine Lenolkulal, Hesbon Jack Wachira Ndathi, and Bernard Ltarasi Lesurmat are hereby acquitted of the offences they were charged with in the said case,” Justice Musyoki declared.

The court also ordered that any fines previously paid by the three be refunded forthwith.

In addition, it set aside the previous order under Section 64 of the Anti-Corruption and Economic Crimes Act (ACECA) that barred the trio from holding public office for ten years, effectively clearing the way for Lenolkulal to seek public positions.

Lenolkulal had initially been convicted on charges of conflict of interest and unlawful acquisition of public property, with the court ruling that he had knowingly acquired a direct private interest in a contract between Oryx Service Station, a company he owned, and the Samburu County Government for the supply of fuel.

Upon conviction, he had been ordered to pay fines totaling Sh85,460,995 or serve a four-year jail term.

Ndathi was accused of acting as a proxy to mask Lenolkulal’s interests, while Lesurmat faced charges of abuse of office.

The trial court had concluded that the three had misappropriated Sh84,695,996.55 from county funds.

However, Justice Musyoki observed that the prosecution’s case was fundamentally flawed.

He noted that the investigating officer had clarified their focus was on potential conflict of interest, not procurement irregularities.

“The trial court in reaching the fine imposed on the appellants relied on the element of benefit to the said appellants. A benefit is an advantage or profit gained from something… The duo cannot be said to have benefited from the entire sum of Sh84,695,996.55, as there were attendant costs and expenses associated with delivery and supply of the fuel. I do not think that this is the kind of benefit contemplated under the Section,” the judge noted.

The Court also questioned the assumption that Lenolkulal and Ndathi shared benefits equally, highlighting that evidence suggested Ndathi was merely a proxy.

Justice Musyoki clarified that for a charge under Section 48 of ACECA to succeed, there must be a quantifiable benefit to the accused or a demonstrable loss to another party.

In this case, the court found that the county had received the fuel and that no procurement irregularities or financial loss had been proven.

Regarding Lesurmat, the court found no evidence of abuse of office or improper benefit.

“The prosecution did not establish any special relationship between Ndathi and Lesurmat… it was not even shown that Lesurmat knew Ndathi at a personal level,” he ruled

The judge also emphasized that Lenolkulal had appropriately disclosed any potential conflict of interest.

“The 1st appellant had sufficiently declared possible conflict of interest, and it was the duty of those responsible for entering the information in the conflict of interest register to make appropriate entries,” Justice Musyoki said.

Last year, the trial court had ruled that Lenolkulal and Ndathi had engaged in conflict of interest and acquired public funds unlawfully.

Magistrate Thomas Nzyoki had stated, “The overwhelming and direct evidence shows that the Governor acted in conflict of interest and acquired direct personal benefit from the supply of fuel. A governor stands prohibited from trading with his county government.”

The post Ex-Samburu Governor Lenolkulal Acquitted by the High Court in Sh84M Graft Case appeared first on Insider Bits News.

In the suit filed At Anti-corruption High Court the Commission wants the millions of shillings so far frozen in five bank accounts belonging to the governor, his wife Anne Wanjiru Wamatangi, his son Brian Kimani Wamatangi, and daughter Michelle Wanjiku Wamatangi and five companies associated with him be forfeited to the state as they were acquired corruptly.

Through lawyer Ben Murei, the anti-graft agency says that Governor Wamatangi, while serving as Chairperson of the Senate Standing Committee on Roads, Transportation and Housing, abused his position to influence the award of government tenders to companies associated with him.

The firms linked to the county boss include Lub Plus Oil & Energy Company Limited, King Group Company Limited, King Construction Company Limited, King Realtors Company Limited, and Quick Fix Auto Garage Limited, all said to have been used to receive irregular payments totaling over Sh813 million.

The alleged misconduct occurred between the 2018 to 2019 and 2021 to 2022 financial years.

According to the EACC, Wamatangi colluded with the companies to engage in fraudulent practices, including submitting forged or falsified bid documents to fraudulently win tenders and falsely demonstrating technical capacity to undertake the works to the detriment of the public.

The Commission argues that his Wife, son, and daughter were used as proxies to conceal the governor’s beneficial ownership of the companies that received payments from KeNHA, KURA, and KeRRA.

The Commission further states that Wamatangi concealed his interest in companies irregularly awarded contracts by purporting to relinquish directorship to close family members and proxies.

Investigations, however, revealed that he remained a signatory to the companies’ bank accounts and continued to transact on them, making him the beneficial owner of the companies involved in the fraudulent dealings.”

Other associates of the governor named in the suit are Francis Njoroge Njenga, Samuel Mwangi Kariuki, Eunice Wairimu Mugo, James Kiarie Njoroge, Anthony Muchoki, and John Kinyanjui.

The Commission say the six acted as directors, signatories, or agents in the network of companies allegedly used to siphon public funds, forming part of the scheme through which Sh813 million was irregularly obtained from government road agencies.

EACC says that Governor Wamatangi and his co-defendants received substantial payments from the three government agencies under their oversight.

According to court documents, Quick Fix Auto GarageLtd received Sh18,796,070, while King Realtors Co. Ltd was paid Sh16,698,272.

King Group Co. Ltd allegedly received Sh29,837,411, while King Construction Co. Ltd was paid Sh438,985,045, making it the largest single recipient of the allegedly misappropriated funds.

Lub Plus Oil & Energy Co. Ltd, a company linked to Wamatangi’s family, received Sh308,788,733 from KeNHA, KURA, and KeRRA.

“These payments were irregular, unlawful and constitute proceeds of corruption,” the Commission stated in court papers.

In its court papers, the EACC accuses Governor Wamatangi of abusing his position to improperly benefit from public contracts by influencing tender awards to companies under his control, engaging in conflict of interest, and holding private stakes in government projects.

The Commission further claims he failed to uphold integrity and transparency, saying he “did not demonstrate honesty in the execution of his public duties and acted contrary to his oath of office as a member of the Senate Committee.”

The suit also accuses the wamatangi and 13 others of violating the Public Procurement and Disposal Act, 2015, through collusion, submission of multiple bids, and falsification of reference letters to secure tenders.

For example, the EACC claims that five companies submitted bids for the same KeRRA project, defeating fair competition and violating procurement laws.

In addition, the Commission argues that the contracts awarded on the basis of fraud, misrepresentations and illegality are illegal, null and void

It further contends that the government cannot be certain it received value for money, and the defendants have been unjustly enriched at the public’s expense.

In July 2025, the High Court granted an order preserving monies held in the bank accounts of the implicated companies, pending conclusion of investigations.

The accounts include Family Bank accounts held in the names of King Group, King Realtors, King Construction, Quick Fix Auto Garage, and Lub Plus Oil & Energy Co. Ltd.

Through its lawyer Murei, the EACC argues that “no one should be allowed to benefit from their own illegal and wrongful acts.”

The Commission claims that the defendants, jointly and severally, acted fraudulently, illegally and/or unlawfully, leading to the misappropriation of public funds totaling Sh813,145,532.40 hence the funds should be forfeited to the state

Justice Lucy Njuguna has directed Governor wamatagi, his wife, childrene and associates to respond to the suit within 10 days ahead of the hearing on November 18,2025

The post EACC files suit to recover Sh813 Million from Kiambu Governor Wamatangi, Wife, and Children in Graft Case appeared first on Insider Bits News.

Justice Nixon Sifuna of the Anti-Corruption and Economic Crimes Division ruled that the agency failed to prove the funds were proceeds of crime.

The judge added that the agency’s investigations were “rash, selective, and riddled with gaps,” and could not sustain a civil forfeiture claim.

He concurred with Sonko, stating that indeed he defended deposits as legitimate business and land sale proceeds.

ARA had argued that the deposits, spread across Sonko’s accounts at Equity Bank, Co-operative Bank and Diamond Trust Bank, were linked to corruption at City Hall and formed part of a “complex money laundering scheme.”

“The Motion states that there are reasonable grounds to believe that those funds are proceeds of crime. Reason for which the Motion has urged this Court to declare those funds proceeds of crime; and order that they be forfeited to the Kenya Government,” the judgment states.

In its case, ARA relied on an affidavit by Corporal Sautet Jeremiah, who claimed that between 2017 and 2019, Sonko’s accounts received “huge suspicious cash deposits and transfers” which were a “clear case of splitting, smurfing and placement of funds into the banking system.”

But the court criticised the agency for producing no statements from individuals allegedly involved in the flagged transactions and for only presenting bank records from August 2017, when Sonko became Governor.

“That selective approach is either dishonest or rash, oppressive and skewed to propound the Applicant’s narrative. It amounts to cherry-picking of data, as opposed to an objective consumption of the entire available data,” the judge ruled.

Sonko, in a replying affidavit dated November 7, 2023, dismissed the claims, saying he had legitimate business dealings long before entering politics.

The former governor through, Lawyer Harrison Kinyanjui cited earnings from matatus, nightclubs, restaurants, real estate and cyber cafes, as well as proceeds from land sales in Kwale and Kajiado worth hundreds of millions of shillings.

“I had for long had various income generating businesses, and it was normal and usual for my bank Accounts to receive huge cash deposits… I never at the time thought that I will later be called upon to explain these proceeds,” Sonko stated.

The judge found that ARA had not proved its case on a balance of probabilities as required under the Proceeds of Crime and Anti-Money Laundering Act (POCAMLA).

“Investigation is not a pastime activity to be undertaken lazily, leisurely, lousily and rashly. It is a solemn duty for which the investigator is being paid,” the court stressed.

Consequently, the application was dismissed and the funds, totalling about Ksh26 million, remain under Sonko’s control.

The post High Court Dismisses ARA Bid to Seize Sh26 Million From Mike Sonko’s Bank Accounts appeared first on Insider Bits News.