Appeal –Embattled former Samburu Governor Moses Lenolkulal has appealed his sh 84 million fraud case and now want the case referred back to a lower court for determination.
The petition filed at the Appellate Court in Nairobi faults Chief Magistrate Thoma Nzioka of failure to analyse details by the prosecution side.
The accused wants the Court of Appeal to send the case back to a lower court so that the matter can be heard afresh.
“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 corrected 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 also noted that the sentence imposed on him remains unlawful and urged the courts to relook 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 has since remained the talk around the country.
