Michael Kiprono
Nairobi.
Two former Kenyan governors saw dramatically different fates in court on Tuesday, highlighting the complexities of legal accountability for public officials. Ferdinand Waititu, serving a corruption sentence at Kamiti Maximum Prison, faced fresh incitement charges, while ex-Samburu County leader Moses Lenolkulal secured an acquittal in a long-running graft case.
Waititu, the former Kiambu governor convicted earlier this year over a KSh 588 million roads tender scandal, appeared virtually in a Nairobi court to face charges under Section 94(1) of the Penal Code. Prosecutors allege that during a rally at Ruiru Stadium on September 29, 2024, Waititu made statements intended to incite unrest, reportedly declaring: “If Gachagua goes home, President Ruto must also go.” The remarks, directed at groups including “hustlers,” market vendors, boda boda operators, and clergy, were said to threaten public peace and inflame political and ethnic tensions.
Magistrate Martha Mutuku remanded the 52-year-old politician in custody and adjourned the case to next week for mention, pending further directions from the Director of Public Prosecutions.
Waititu’s prior conviction by the Milimani Anti-Corruption Court in February 2025 saw him sentenced to 12 years or a KSh 53.5 million fine—a payment he has been unable to make. Multiple bail applications, including a recent October request, have been denied.
“This is a politically motivated charge designed to silence dissent…. My client was exercising his right to free speech on matters of national importance.” Waititu’s lawyer, Danstan Omari, told reporters.
The ODPP, however, said the comments posed a real risk to public order amid heightened political tensions following former Deputy President Rigathi Gachagua’s ouster.
Meanwhile, in a contrasting outcome, the High Court acquitted Lenolkulal of all charges in a KSh 84.5 million graft case, overturning his 2024 conviction and eight-year sentence. The 58-year-old, Samburu governor from 2013 to 2022, had been accused of conflict of interest for allegedly using his firm, Oryx Service Station, to supply fuel to the county government.
Justice Hedwig Ong’undi ruled that prosecutors failed to prove key elements beyond a reasonable doubt. Evidence showed no profit-sharing between Lenolkulal and co-accused Hesbon Jack Ndathi, whose firm paid KSh 70,000 monthly rent and operated independently. Bank records and testimonies confirmed Ndathi’s autonomy, and the KSh 9 million payment approved by former county chief officer Bernard Lesurmat occurred after the supplier was prequalified. “Suspicion, no matter how grave, cannot substitute for proof,” the judge noted.
Lenolkulal, who had been out on bond since his initial conviction, described the decision as “vindication after years of persecution.” The Ethics and Anti-Corruption Commission (EACC) expressed disappointment but said no immediate appeal was planned. The case, stemming from a 2019 EACC investigation, highlighted scrutiny of county procurement practices amid billions spent on fuel.
The divergent outcomes for Waititu and Lenolkulal underscore the uneven terrain of judicial accountability in Kenya. As Waititu faces a new incitement case, he confronts another hurdle in his ongoing fight for freedom, while Lenolkulal’s acquittal closes a chapter on Samburu’s turbulent governance legacy.