Alex Anyolo Kikuyu was released on a cash bail of Ksh 20,000 by Chief Magistrate Lucas Onyina at Milimani Law Courts on Tuesday, after the Directorate of Criminal Investigations (DCI) sought to hold him at Muthaiga Police Station to complete investigations.

The suspect faces potential charges of threatening to kill contrary to Section 223 of the Penal Code and attempts at extortion by threats contrary to Section 300 of the Penal Code, stemming from an incident reported on January 27, 2026.

In his defense, Mr. Anyolo strongly denied the accusations, distancing himself from Samburu County politics.

“I did not threaten to kill the nominated Senator. I have no interest in Samburu County politics. I am concerned about Kakamega county politics, where I come from,” Mr. Anyolo told the court.

The businessman, who described himself as a family man, challenged police claims that he had no fixed abode and was a flight risk.

“I do not reside in a vehicle the way the bird resides in a nest. I have a fixed place of abode,” Anyolo told the court.

He further disputed the need for extended detention, noting that he was arrested while driving his own vehicle, which is currently held at DCI headquarters. He urged the court to grant him lenient cash bail pending conclusion of investigations.

Chief Magistrate Onyina observed that the suspect had a fixed place of abode and that police could conduct forensic analysis without detaining Mr. Anyolo. The court ordered that the matter be mentioned in two weeks for further directions.

According to court documents filed by Inspector George Ndungu, a police officer attached to DCI Headquarters Serious Crime Unit, Senator Lemaletian reported the incident on January 27, 2026, via DCI Complaint Reference Number CID/C/GEN/COMP/6/11/2026/33.

The court heard that Senator Lemaletian, who has been a nominated senator for Samburu County since 2022, received a series of threatening messages via WhatsApp while at her office in Bunge Towers.

During his arrest, Mr. Anyolo was found in possession of three mobile phones, a grey Techno 15, a whitish Oppo A24, and a black Momofly phone with a greenish strip, as well as one Safaricom SIM card and 23 additional Safaricom card holders.

Police had requested the detention to obtain bank and mobile money account statements, conduct forensic analysis of the electronic gadgets, and get mobile phone subscriber details and call data records from Safaricom and Airtel.

The investigation was classified as an organized crime matter and transferred to DCI headquarters in Nairobi for further investigation.

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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.”

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Confirming the incident, Samburu Central Police Division Commander John Mwai said the suspects were nabbed following a well-coordinated intelligence-led operation conducted by officers from the Kenya Wildlife Service (KWS) and the National Police Service (NPS).

“Our officers received intelligence that the suspects were in possession of the tusks and were planning to sell them to potential buyers,” said Mwai.

“We laid an ambush and managed to arrest them before the transaction could take place.”

The two suspects were apprehended on Monday evening at Maralal town, where they were allegedly seeking buyers for the illegal wildlife trophies.

According to police reports, the tusks were concealed in a gunny bag and transported using a motorcycle.

“Upon searching the suspects, we recovered seven pieces of elephant tusks weighing 11 kilograms,” Mwai said.

“They could not account for their possession, and investigations are ongoing to establish the source and their intended market.”

He said the suspects are being held at the Maralal Police Station and will be arraigned in court once investigations are complete.

The recovery marks another success in ongoing efforts by security agencies to curb wildlife trafficking in northern Kenya, a region that has long been a hotspot for elephant poaching due to its vast, rugged terrain and proximity to major smuggling routes.

Mwai commended officers for their swift response and warned those involved in the illegal trade that they would be dealt with firmly under Kenya’s wildlife protection laws.

“We are intensifying surveillance and patrols within Samburu and neighbouring counties. Anyone found engaging in wildlife poaching or trafficking will face the full force of the law,” he said.

The Wildlife Conservation and Management Act (2013) prescribes stiff penalties for wildlife-related crimes, including life imprisonment or fines of not less than Sh20 million for those convicted of dealing in elephant ivory.

KWS officials who took part in the operation said the recovery was made possible through close collaboration between the police, community informants, and conservation partners.

“The public has been instrumental in providing actionable intelligence,” said one KWS officer, who requested anonymity.

“We encourage continued cooperation because wildlife crime is not just a conservation issue but also a national security concern.”

Kenya has made significant strides in combating poaching in recent years, with authorities crediting enhanced law enforcement, stiffer penalties, and community awareness campaigns for a reduction in elephant killings.

However, illegal trafficking remains a challenge, especially in regions bordering national reserves such as Samburu National Reserve and Buffalo Springs, where elephants frequently roam outside protected zones.

Mwai urged local residents to continue supporting anti-poaching efforts by sharing information with law enforcement agencies.

“We are appealing to members of the public to remain vigilant and report any suspicious activities related to wildlife products,” he said. “Protecting our wildlife is a collective responsibility.”

The recovered tusks have been handed over to the Kenya Wildlife Service headquarters for safekeeping and further forensic analysis to determine the age and origin of the elephants involved.

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