Court gives DPP until June 16 to disclose evidence in Natembeya Sh3M graft case as five aides arrested

The Anti-Corruption Court has ordered the Director of Public Prosecutions (DPP), Renson Ingonga, to furnish Trans Nzoia Governor George Natembeya with all evidence related to his Sh3 million corruption case by June 16, 2025.

Delivering her ruling on Tuesday, Milimani Principal Magistrate Zipporah Gichana emphasised the importance of adhering to previous court directives on evidence disclosure, warning that failure to do so would undermine the rights of the accused and the integrity of the judicial process.

“The court did give clear directions for the disclosure. It is clear that the prosecution has not been able to do so,” said Magistrate Gichana.

 “Although they state that they were given an onerous task on the nature of the disclosure, it is imperative for all parties to ensure that they comply with the court’s orders as strictly as possible. The rights of the accused and the interest of justice demand it from all parties.”

According to the magistrate, the prosecution had decided to charge the accused and should therefore have documents and statements already in their possession.

• .

  Keep Reading

• 
  Natembeya's star shines in Western as DAP-K gives him a wide berth
• 
  Natembeya snubs Celebrations, blames state on democracy lapses
• 
  'I want to stop': Young Kenyans open up about struggle with masturbation
• 
  Court orders DPP to drop abduction charges against SSU officers

“Having decided to charge, it will follow that the prosecution has revealed several documents and written statements already in their possession. Those documents and statements ought to have been disclosed by now,” she said.

The court further noted that although disclosure can be continuous throughout the trial, the prosecution must comply with standing orders to provide what they already have in their possession.

“This is regardless of the liberty to give such valid disclosure as and when it may come into your possession, as the matter goes on. I therefore direct the prosecution to comply with the orders of disclosure as were made by these courts on or before June 16, 2025, when this matter is to be mentioned again to further evidence,” she ruled.

The directive comes after the DPP, represented in court by State counsel Victor Owiti, admitted it had failed to comply with a previous court order requiring the disclosure of materials in the case.

The DPP acknowledged the delay but requested additional time to complete the process.

Owiti explained that the EACC had encountered challenges obtaining necessary documents from both Trans Nzoia County and its sub-counties.

“We have not been able to obtain the evidence in its entirety. Letters have been written to the County Secretary by EACC dated May 19 and 21, and the process is ongoing,” said Owiti.

“We will be praying for two more weeks to comply. We have officers assisting us, but full compliance has not been achieved.”

Owiti also stated that the prosecution had not wilfully disobeyed the court’s orders and was actively working to fulfil disclosure requirements.

However, the application for more time was strongly opposed by the defence team, led by Senior Counsel Macharia Njeru and former Vice President Kalonzo Musyoka.

The lawyers criticised the prosecution’s delay as a miscarriage of justice and suggested it may be politically motivated.

Kalonzo told the court, “We are dealing with a matter that has attracted national attention. The arrest gripped the conscience of the nation. The majority of Trans Nzoia residents would be amazed that after such a dramatic arrest, the prosecution is yet to gather the evidence in the corruption case against their Governor.”

He questioned how the prosecution of Governor Natembeya was recommended by the DPP before all the evidence had been gathered.

“What evidence did the DPP rely on to approve the prosecution of Governor Natembeya if the investigations are still ongoing and evidence is yet to be retrieved?” Kalonzo asked.

Kalonzo further questioned the integrity of the ongoing investigations, adding that the prosecution’s conduct might be an attempt to plant evidence.

According to the Senior Counsel, investigators had continued to visit Trans Nzoia County offices without informing the governor’s legal team, in contravention of the court's earlier orders.

“The subsequent visits by the investigators to the first accused’s office and county offices have been done without disclosing to the counsel of such visits,” said Musyoka.

“We are apprehensive that the surreptitious visits may be used by the investigators to plant evidence against the accused client.”

Njeru echoed these sentiments, reminding the court that during a court appearance on May 20, 2025, express orders had been made allowing the Ethics and Anti-Corruption Commission (EACC) to access the county government premises, with a condition that they should inform the governor's lawyers.

“When we were before your brother magistrate on May 20, 2025, it was expressly ordered that if EACC officers were to visit the county offices, our client’s counsel was to be notified to avoid any possibility of tampering,” Njeru argued. 

“However, they have been visiting without notifying us from May 21 to date. This is in direct violation of the court’s directive.”

Magistrate Gichana directed that any other applications by either party must be formally filed and served at least seven days before the next mention date.

“Both parties have alluded to several other applications which they wish to present before the court,” she said. “I direct that such other applications have to be formally filed and served in any event on or before at least seven days before the next mentioned date, which is on June 16, 2025.”

The matter will be mentioned again on June 16, when the court expects full disclosure to have been made. 

Ten minutes after a court session at the Milimani Anti-Corruption Court at 11 am, drama erupted in the parking lot when plainclothes officers arrested five men reportedly linked to Governor Natembeya.

The individuals arrested were Hon. John Chigi Makhanu, MCA for Sinyereri Ward; Emmanuel Wanjala, the Governor’s Personal Assistant; Felix Sialo, Director of Communications; Martin Waliula, Chairman of the Nawiri Programme; and Dean Frank, the Governor’s Protocol Officer.  

“It is deeply distressing and utterly unacceptable that a group of officers accompanying His Excellency Governor George Natembeya have today been abducted by unknown individuals in broad daylight, right outside the Milimani Law Courts,” read a post on X from the account Natembeya Mashinani.

“They were forcefully seized, together with an unidentified individual, and bundled into unmarked Subaru vehicles in full view of police officers stationed at the court premises. Disturbingly, no action was taken to prevent or respond to this brazen act.”

The arrests took place shortly as the Governor Natembeya was exiting the court premises surrounded by a crowd of supporters.

Eyewitnesses claim the individuals were apprehended by officers from the Ethics and Anti-Corruption Commission (EACC), who had reportedly been stationed at the premises since 8 a.m., waiting for the right moment to strike.

Tension escalated when the plainclothes officers moved in.

A scuffle broke out as the men resisted arrest, leading to commotion outside the court. 

Despite the resistance, the officers successfully arrested the five and whisked them away in unmarked Subaru Outback vehicles.

The arrests were conducted separately, with each suspect swiftly bundled into the waiting vehicles.

The incident sparked immediate protests from several lawyers and political leaders, including Wiper Party Leader Kalonzo Musyoka, former Cabinet Secretary Eugene Wamalwa, Senator Dan Maanzo, and lawyer Njiru Ndegwa. They condemned the operation as unlawful and lacking transparency.

In a dramatic twist, one individual targeted in the operation reportedly escaped after a lawyer intervened, helping him flee back into the court premises and evade arrest.

Speaking to the media, lawyer Paul Wamalwa, who was among those following the man who escaped, condemned the arrests.

“You will not kill us. We are not threatened. This is our country, Kenya. Why are they ambushing people like this?” Wamalwa stated angrily.

The motive behind the arrests remains unclear, and the EACC has yet to release an official statement.