Trans Nzoia Governor George Natembeya was on Monday released on a Sh500,000 cash bail after denying corruption charges involving Sh3.2 million.
The Milimani Anti-Corruption Court, presided over by Chief Magistrate Charles Ondieki, ruled that the prosecution had not presented compelling reasons to deny the governor bail.
“I find that the prosecution has not provided compelling reasons to deny the accused person bail pending the hearing and determination of the case. I therefore release him on a bond of Sh1 million or a cash bail of Sh500,000,” said Magistrate Ondieki.
As part of the bail conditions, the court barred Governor Natembeya from accessing his office for 60 days, prohibited him from contacting any witnesses in the case, and restrained him from commenting on the matter publicly.
Additionally, he is not allowed to leave the country without prior court approval.
The court ordered the prosecution to supply all documentary evidence and exhibits to the defense ahead of the next mention date, scheduled for June 4, 2025.
Governor Natembeya has denied all charges stemming from alleged illegal financial dealings during his tenure.
The prosecution claims that between January 1, 2023, and April 30, 2025, the governor unlawfully acquired indirect pecuniary interests amounting to over Sh3.2 million through various companies doing business with the Trans Nzoia County Government.
These companies include Lyma Agro Science Limited, Maira Stores, and Easterly Winds Limited.
According to the charge sheet, Natembeya is accused in the first count of receiving Sh1,127,900 from Mercy Chelongat, the Director of Lyma Agro Science Limited and proprietor of Maira Stores.
In the second count, he is said to have indirectly benefited from Sh2.1 million through co-accused Emmanuel Wafula Masungo, the County Chief Finance Officer.
Masungo, who was not present in court for plea-taking, faces similar charges involving conflict of interest and the unlawful acquisition of Sh2.68 million.
The prosecution alleges he funneled county payments through Easterly Winds Limited, a company in which he has a personal interest and where he is the sole signatory to its bank account.
Together, Natembeya and Masungo face two additional joint counts related to the unlawful acquisition of public property, with the prosecution citing abuse of office and conflict of interest.
Opposing the bail application, Director of Public Prosecutions (DPP) Renson Ingonga, through State Counsels Victor Owiti and Alex Akura, warned of the risk of witness interference and obstruction of justice.
The prosecution submitted a sworn affidavit by EACC investigator Robert Rono, dated May 19, 2025, outlining twelve reasons against granting bail.
Akura told the court that during Natembeya’s arrest on Monday, individuals believed to be acting on his behalf assaulted EACC officers and vandalized government vehicles during a search at the governor’s residences.
The incident was reported at Kitale Police Station and supported by photographic evidence presented in court.
“The photographs, marked RR1 to RR37, show vandalized vehicles belonging to the National Police Service and the EACC, including those with registration numbers KCH 046T, KDU 734Y, and KFC 541U,” said Owiti.
The affidavit further stated that crucial documents were taken during the incident, complicating ongoing investigations.
The prosecution also cited Natembeya’s senior position as a threat to witnesses, many of whom are county employees under his authority.
“The court must take judicial notice of the power dynamics in play,” Akura argued.
In response, Natembeya’s legal team, led by senior counsels Macharia Njeru and Ndegwa Njiru, dismissed the charges as politically motivated and intended to punish the governor.
They urged the court to grant reasonable bail, citing a weak prosecution case and alleged political interference.
“My plea is that we have mercy on the accused,” said Njeru. “What we have here is welfare. Independent agencies are being captured and used to weaponize justice, targeting political opponents. It is very sad.”
Njeru, a former chairperson of the National Police Service Commission, claimed firsthand knowledge of political interference in such cases and accused the current administration of using legal processes to harass opponents.
“There is constant interference, including from the current President William Ruto. Agencies come here pretending they are independent. But as someone who has worked within them, I can confirm they are not,” he said.
He also criticized the manner of Natembeya’s arrest. “What was so difficult about summoning him? All this drama can only be explained by a desire to punish him. Do not allow this man to spend another night in custody when he could simply have been summoned.”
The case will be mentioned on June 4, 2025.
