DPP opposes bail for Natembeya in Sh3.2 million graft case

The Director of Public Prosecutions (DPP) Renson Ingonga has opposed the release of Trans Nzoia Governor George Natembeya on bail, citing serious concerns over witness interference and obstruction of justice.

Through State Counsels Victor Owiti and Alex Akura, the DPP told the Milimani Anti-Corruption Chief Magistrate Charles Ondieki that releasing the Governor would jeopardise the integrity of the trial due to the likelihood of interference with witnesses and ongoing investigations into graft allegations.

In support of the application, the prosecution submitted an affidavit sworn by Ethics and Anti-Corruption Commission (EACC) investigator Robert Rono on May 19, 2025, detailing twelve grounds against granting bail.

Akura claimed that on Monday, a group believed to be his agents attacked EACC officers while they were executing a lawful search at the governor’s residences.

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The incident was reported at Kitale Police Station and photographic evidence was presented in court to support the claims.

“The photographs, marked RR1 to RR37, show the vandalized vehicles belonging to the National Police Service and the EACC,” Owiti told the court.

“Among them are vehicles with registration numbers KCH 046T, KDU 734Y, and KFC 541U, some of which were vandalized during the incident.”

According to paragraphs 7 and 8 of the affidavit , the court heard that crucial documents were also taken during the attack, further complicating ongoing investigations.

The prosecution also submitted that the accused’s senior position as governor poses a risk to potential witnesses, most of whom are his subordinates or employees of the county government.

“The court must take judicial notice of the power dynamics in play,” Akura said.

 “The test here is not beyond reasonable doubt, but whether there exists a reasonable probability of interference.”

The prosecution urged the court to deny Natembeya bail pending trial, arguing that justice and public interest outweigh the accused’s right to temporary release.

Governor Natembeya has denied all the charges, including conflict of interest and unlawful acquisition of public property totaling more than Sh3.2 million.