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Wednesday, September 4, 2024 –Embattled former Samburu Governor Moses Lenolkulal has appealed his sh 84 million fraud case.
The petition filed at the Appellate Court in Nairobi faults Chief Magistrate Thoma Nzioka of failure to analyse, in detail, the provided evidence by the prosecution side.
He now wants the Court of Appeal to send the case back to a lower court so that the matter can be heard, afresh.
In the appeal, he wants the High Court’s decision to sentence him to eight years in prison with an alternative payment of sh 84 million to be thrown away for lack of proper evidence.
“The learned Magistrate erred in fact and law by falling to fully analyze and evaluate the evidence adduced and thereby arrived at the wrong conclusions of fact,” Lenolkulal argued.
He goes ahead to describe the magistrate’s move to rule against him as an error that ought to be addressed for justice to prevail on both sides.
“The learned Magistrate erred in law by falling to appreciate the meaning and effect in law of the Appellant’s Declaration of Conflict of Interest dated 23rd April, 2013,” the politician added.
The accused further noted that the sentence imposed on him remains unlawful and urged the courts to re-look into the sentence afresh and urgently.
On August 2, the former county boss for Samburu, was ordered to pay sh 84 million after he was found guilty of conflict of interest and unlawful acquisition of property in a high-profile corruption case that caught the attention of of the entire nation.
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