Trans Nzoia Governor George Natembeya has suddenly landed in a hefty anti-corruption trial, as the Director of Public Prosecutions (DPP) is vigorously opposed to any possibility of a bond being issued to him.
The case attracted national attention because it is about alleged corruption of more than KSh 6 million, and the prosecutors are worried that the governor is a significant threat to the ongoing enquiries.
Following confinement overnight at the Ethics and Anti-Corruption Commission (EACC) offices, Governor Natembeya appeared before Chief Magistrate C.N. Ondieki at the Anti-Corruption Court in Nairobi on Tuesday morning.
He pleaded not guilty to a long list of corruption-related offences, including the unlawful acquisition of public property, conflict of interest, and indirect benefits from public funds.
The Alleged web of financial links
According to the charge sheet, Natembeya is accused of unlawfully receiving benefits from transactions made between the Trans Nzoia County Government and various companies that are allegedly linked to him.
Prosecutors allege that for the period between January 1, 2023, and April 30, 2025, payments were improperly directed to three companies: Lyma Agro Science, Maira Store, and Easterly Winds Limited.
These companies, seemingly created by associates of the governor, especially Mercy Chelangat, who runs Lyma Agro Science and owns Maira Store, are said to have taken public funds in an illegal manner regarding both procurement and conflict of interest laws. Investigators say that Natembeya directly or indirectly benefited from county payments of KSh 3,252,568 to said companies.
According to EACC officials, they connected the trailing money through forensic auditing, procurement documents, and bank records. They also claim the listed financial transactions show a pattern of abuse of office and lack of integrity in procurement options.
State Prosecutor Alex Akhula made a strong submission in court, objecting to the Governor having any bail conditions at this stage of the proceedings. Akhula said that the release of the governor would jeopardize the case based on a significant risk of witness intimidation, interference with evidence, and obstruction of justice.
“Most of the witnesses are junior officers, who are working under the direct authority of the accused, and we have credible fear that he may influence or intimidate any of these witnesses if released,” he said.
In a bombshell announcement, the prosecution also advised the court that several EACC vehicles had been vandalized in a raid allegedly linked to the case. Akhula suggested vital documents may have been lost or damaged and stoking fears that there could be a compromise of the recovery or preservation of key evidence if the governor is released.
“There are compelling reasons to deny bail to the accused to protect the integrity of the judicial process and ensure that the case proceeds without interference,” argued the DPP’s office.
Defence Arguments: ‘Political Persecution Dressed Up as Prosecution’
In their spirited defence of the Governor’s bail application, the defence team, led by experienced counsel Njeru, dismissed the prosecution’s claims as speculative, alarmist, and politically motivated. There was further indication from Njeru that the affidavit provided by the DPP did not contain sufficient evidence to support the decision to refuse the bail request.
“This case is a clear example of the courts being used as a space for political horsetrading. The charges and affidavits are superficial and grounded in assumption rather than evidence.” Njeru argued and indicated possible further concerns that the justice system is being manipulated to intimidate and humiliate political opponents in the run-up to the 2027 elections.
The defense lawyer argued that the governor is a public figure who is deeply embedded in the local community; that he has no criminal history; and that he has established a permanent residence in this country, meaning that he has no potential to be a flight risk or a public safety risk.
In response, the defense accused the prosecution of purposely inflating the seriousness of the case in order to sway public sentiment and distract the public from other governance issues. The defense counsel urged the court to focus on the rule of law and to disregard what they referred to as “trial by public outrage.”
Political Ramifications and Public Reactions:
The event has garnered mixed reactions nationwide, especially in Natembeya’s stronghold in Trans Nzoia, where supporters have unveiled the arrest and charges as a political witch hunt. Civil society organizations have commended the EACC (Ethics and Anti-Corruption Commission) and DPP (Director of Public Prosecutions) on taking courageous steps in dealing with top-level corruption.
Some political analysts warn that the case may indicate a rise in politicized prosecutions. This concern has echoed throughout other politically sensitive high-profile arrests in recent times. Others view the charges as vital to bring accountability to county governments, which have been alleged to have misused public funds and procurement fraud in the months following devolution.
Court’s Ruling on Bail Deferred
After hearing both sides, Magistrate C.N. Ondieki has deferred the ruling on Natembeya’s bail application to Friday, 23rd May, 2025. The magistrate explained that he required time to read and consider the documents presented by both the prosecution and defence while balancing pre-trial liberty implications against public interest factors.
In the meantime, Governor Natembeya will remain in custody while the court considers whether to admit him to bail or grant the prosecution’s application for his continued detention.
The case is an important juncture in Kenya’s fight against graft and may set the stage for future corruption cases against other high-ranking officials before the judicial system.
