Natembeya freed from cells, barred from office for 60 days

The Anti-Corruption Court has released Trans Nzoia Governor George Natembeya on a cash bail of Sh500,000 or a bond of Sh1 million.

The court has also barred him from accessing his office for 60 days and from contacting witnesses in his graft case.

Additionally, Natembeya has been prohibited from leaving the country without the court’s permission.

After the arrest at his Kileleshwa home in Nairobi in connection with a Sh3.2 million corruption case, the Governor spent the night in police custody before appearing in  court Tuesday morning.

The magistrate, in his ruling, noted that the Office of the Director of Public Prosecutions (ODPP) failed to provide compelling reasons to deny bail. He ordered the prosecution to supply all documentary evidence and exhibits to the defence counsel before the next court mention scheduled for June 4.

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Natembeya’s court appearance was marked by high security and public interest. At 10.15am, he arrived at the Milimani Law Courts in a black Subaru Outback, escorted by officers from the Ethics and Anti-Corruption Commission (EACC).

By 10.20am, he was in the Anti-Corruption Court, where the clerk read three charges against him: corruption, conflict of interest, and unlawful acquisition of public property.

As the charges were read, Natembeya, dressed casually in a grey jumper, blue T-shirt, and blue jeans, appeared composed yet contemplative, occasionally scratching his head as he listened intently.

He pleaded not guilty, stating, “It’s not true, your honour” to each charge.

The charges stem from alleged procurement irregularities, abuse of office, and bribery related to three major projects in Trans Nzoia County: the rehabilitation of Kenyatta Stadium, the construction of the county headquarters, and the development of Tom Mboya Hospital.

These projects, spanning the 2022/2023 and 2024/2025 financial years, are at the heart of the prosecution’s case, which alleges Natembeya acquired indirect pecuniary interests totaling over Sh3.2 million through companies such as Lyma Agro Science Ltd, Maira Stores, and Easterly Winds Ltd.

The prosecution alleges that between January 1, 2023, and April 30, this year, the Governor received Sh1,127,900 from Mercy Chelongat, the director of Lyma and proprietor of Maira Stores.

In the second count, he is accused of indirectly benefiting from Sh2.1 million through his co-accused, Emmanuel Wafula Masungo, a chief finance officer in his administration.

Masungo, who was not present in court for plea-taking, faces similar charges of conflict of interest and unlawful acquisition of Sh2.68 million through Easterly Winds Ltd, a company where he is the sole bank account signatory.

Both Natembeya and Masungo jointly face two additional charges related to the unlawful acquisition of public property.

Natembeya’s defense team, comprising lawyers Macharia Njeru, John Khaminwa, Willis Otieno and Ndegwa Njiru, argued that the charges were politically motivated and lacked substantive evidence.

Njeru, a former chairperson of the National Police Service Commission, described the case as a “weaponisation of justice” aimed at punishing Natembeya for political reasons.

“Independent agencies like the EACC and ODPP are being misused to harass political opponents,” he told the court. “This is not about justice; it’s about punishment.”

He criticised the manner of Natembeya’s arrest, questioning why the Governor was not summoned instead of being subjected to a dramatic raid on his homes in Nairobi, Kajiado North, and Kitale.

He further noted that the alleged vandalism of state property, including vehicles, occurred in Kitale while Natembeya was in Nairobi undergoing EACC interrogation, casting doubt on the prosecution’s claims of his involvement.

The prosecution was accused of acting in bad faith and violating Sections 4 and 5 of the ODPP Act, which mandate impartiality and fairness. Njiru described the affidavit by EACC investigator Robert Rono, sworn on May 19, as speculative and lacking direct evidence linking Natembeya to the charges.

He also challenged the prosecution’s claims of vehicle vandalism, noting that the ODPP failed to prove ownership of the vehicle with registration number KAE 735F.

“Vehicle registration is a legal process, and they haven’t followed it,” he said.

The lawyers further highlighted procedural irregularities, pointing out that while search warrants were obtained for Natembeya’s residences in Rongai, Kibomet, and Kileleshwa, no warrant was issued for his Kitale home, where some evidence was allegedly collected.

Njiru also noted that no formal charge of abuse of office had been filed against Natembeya.

DPP Renson Ingonga, through State counsels Victor Owiti and Alex Akura, opposed Natembeya’s release on bail, citing risks of witness interference and obstruction of justice.

The prosecution presented an affidavit by Rono, detailing 12 grounds for denying bail, including an incident during Natembeya’s arrest where alleged agents attacked EACC officers conducting searches at his residences. The incident, reported at the Kitale Police Station, was supported by photographic evidence showing vandalised vehicles with registration numbers KCH 046T, KDU 734Y, and KFC 541U.

The prosecution claimed that crucial documents were taken during the attack.

Akura claimed that most potential witnesses are Natembeya’s subordinates or county employees, making them vulnerable to influence. “The court must take judicial notice of the accused’s senior position as governor,” he argued.

The proceedings drew significant attention, with several political leaders and lawyers expressing solidarity with Natembeya. Among them were DAP-K leader Eugene Wamalwa, Makueni Senator Dan Maanzo, Roots Party leader George Wajackoyah, businessman Jimi Wanjigi, former UNCTAD boss Mukhisa Kituyi, former Kanduyi MP Wafula Wamunyinyi, Kabuchai MP Majimbo Kalasinga, Jubilee Secretary General Jeremiah Kioni, and former Tongaren MP Eseli Simiyu.

Their presence underscored the case’s political undertones, with many viewing it as an attempt to target Natembeya for his outspoken criticism of the Kenya Kwanza government.