Tension, drama and laughter marked Tuesday’s arraignment of Trans Nzoia Governor George Natembeya in a Sh3.2 million graft case, as his lead counsel, the veteran Senior Counsel John Khaminwa, launched a fiery attack against the state, accusing it of abusing the criminal justice system for political ends.
During a bail hearing before Magistrate Charles Ondieki, Khaminwa passionately argued that the charges against Natembeya were part of a broader trend where those in power are using the law as a weapon to silence dissent and eliminate political rivals.
“Criminal law has always been abused by those in power,” Khaminwa began, setting the tone for his impassioned submission. “It was abused during the colonial days. It was abused during Jomo Kenyatta’s time.
The only President I can put a word in his favor is Mwai Kibaki, the criminal law was not abused during Kibaki’s reign at all.”
He didn’t stop there. Turning his attention to the current administration, Khaminwa accused the executive and its agencies of hijacking the justice system:
“It is now being abused by the executive, by agents of the state. They have now taken over the criminal law of the country, and they are abusing it. The rule of law, which we thought was improving, is now in the ICU,” he said, drawing murmurs of agreement from the courtroom.
In a courtroom that was tense but captivated, Khaminwa urged the magistrate to resist external pressure and uphold constitutional principles.
“Your Honour, I am urging you very respectfully: we can only get out of this quagmire by upholding the Constitution,” he said. “Our judges and magistrates must be bold by stating very clearly that the country must not be governed the way it is being governed.”
Then came a moment that triggered laughter in the courtroom. Khaminwa, quoting unnamed critics, warned that Kenya is teetering on the edge of becoming a “banana republic.”
“Every day I read the newspapers and media outlets , what is emerging is that unless we arrest the state action, no one will have a voice in this country. If we lose the powers of the courts, Kenya can easily be classified as a banana republic,” he declared.
He even referenced Tanzania’s President Samia Suluhu, saying, “No wonder the President of Tanzania, Samia Suluhu, is mocking us.”
The courtroom briefly erupted in laughter when Khaminwa made a veiled jab at the executive: “If I can borrow the words of… let the executive keep its own day — not to engage in others. At present, it is not doing so.”
He closed his submission with an appeal to Magistrate Ondieki: “This country needs young people like yourself, who have the power to maintain the rule of law and the independence of the judiciary.”
Governor Natembeya, who has denied the charges, sat quietly throughout the proceedings.
He was however released on Sh 500,000 cash bail.
The magistrate however barred Natembeya from office for 60 days and not speak about the matter in public.
He was further from interfering with key witnesses whom the Prosecution claim are his employees at the county government of Trans Nzoia.
