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.
This comes after the governor urged the court to grant him bail pending the hearing of a Sh 3.2 million graft case.
Through his defence lawyers, Natembeya asked Milimani Anti-Corruption Chief Magistrate Charles Ondieki to release him on reasonable bail terms, describing the charges as politically motivated and intended to punish him.
Led by senior counsels Macharia Njeru and Ndegwa Njiru, the governor’s lawyers argued that the prosecution’s case was weak and driven by ulterior motives.
“My plea is that we have mercy on the accused,” said Njeru.
“What we have here is welfare. We live in this country, and none of us can purport to shut our eyes to that. Independent agencies are being captured and used to weaponize matters of justice, where legal processes are used to harass political colleagues. It is very sad.”
Njeru, a former chairperson of the National Police Service Commission, alleged political interference in the case and claimed he had firsthand experience with such matters.
“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 criticized the manner of Natembeya’s arrest, calling it unnecessary.
“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 lawyers also noted that the alleged vandalism of state property, including vehicles, occurred in Kitale while the governor was in Nairobi, undergoing interrogation at the Ethics and Anti-Corruption Commission (EACC).
Njeru questioned the credibility of the prosecution’s claim that compelling reasons existed to deny bail.
“The affidavit is general and appears deliberately designed to seek an adjournment while keeping him languishing in custody. Granting bail will not compromise investigations or the integrity of the court process.”
Supporting the submissions, lawyer Njiru accused the state of acting in bad faith.
“It is not surprising that Governor Natembeya is charged alongside someone not even before this court, Emmanuel Wafula, the Chief Finance Officer. The state was in a hurry to perpetuate mischief,” he said.
Njiru also accused the Office of the Director of Public Prosecutions (ODPP) of pursuing ulterior motives in violation of Sections 4 and 5 of the ODPP Act.
He described the affidavit by investigating officer Robert Rono as speculative and lacking substance.
“There is no averment in the affidavits directly linking the accused to the charges. Denying him bail on grounds of ongoing investigations would violate his constitutional rights, especially the presumption of innocence and the right to liberty,” Njiru argued.
Responding to claims that the governor’s agents destroyed vehicles linked to the case, Njiru said, “There is no evidence linking the agents to that act. More troubling, your honour, is that the ODPP hasn’t even proven who owns the vehicle in question, including motor vehicle registration number KAE 735F. Vehicle registration is a legal process, and they haven’t followed it.”
He also noted that no charge of abuse of office had been filed against Natembeya.
“Without such a charge, and in the absence of supporting evidence, the state’s narrative does not hold,” he added.
Njiru further pointed out that while search warrants were obtained for the governor’s residences in Rongai, Kibomet, and Nairobi’s Kileleshwa, none was issued for his Kitale home, where some evidence was reportedly collected.
“That evidence is illegally obtained and cannot be admissible,” he said.
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.
This comes after
the governor urged the court to grant him bail pending the hearing of a Sh 3.2 million graft case.
Through his defence lawyers, Natembeya asked Milimani Anti-Corruption Chief Magistrate Charles Ondieki to release him on reasonable bail terms, describing the charges as politically motivated and intended to punish him.
Led by senior counsels Macharia Njeru and Ndegwa Njiru, the governor’s lawyers argued that the prosecution’s case was weak and driven by ulterior motives.
“My plea is that we have mercy on the accused,” said Njeru.
“What we have here is welfare. We live in this country, and none of us can purport to shut our eyes to that. Independent agencies are being captured and used to weaponize matters of justice, where legal processes are used to harass political colleagues. It is very sad.”
Njeru, a former chairperson of the National Police Service Commission, alleged political interference in the case and claimed he had firsthand experience with such matters.
“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 criticized the manner of Natembeya’s arrest, calling it unnecessary.
“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 lawyers also noted that the alleged vandalism of state property, including vehicles, occurred in Kitale while the governor was in Nairobi, undergoing interrogation at the Ethics and Anti-Corruption Commission (EACC).
Njeru questioned the credibility of the prosecution’s claim that compelling reasons existed to deny bail.
Stay informed. Subscribe to our newsletter
“The affidavit is general
and appears deliberately designed to seek an adjournment while keeping him languishing in custody. Granting bail will not compromise investigations or the integrity of the court process.”
Supporting the submissions, lawyer Njiru accused the state of acting in bad faith.
“It is not surprising that Governor Natembeya is charged alongside someone not even before this court, Emmanuel Wafula, the Chief Finance Officer. The state was in a hurry to perpetuate mischief,” he said.
Njiru also accused the Office of the Director of Public Prosecutions (ODPP) of pursuing ulterior motives in violation of Sections 4 and 5 of the ODPP Act.
He described the affidavit by investigating officer Robert Rono as speculative and lacking substance.
“There is no averment in the affidavits directly linking the accused to the charges. Denying him bail on grounds of ongoing investigations would violate his constitutional rights, especially the presumption of innocence and the right to liberty,” Njiru argued.
Responding to claims that the governor’s agents destroyed vehicles linked to the case, Njiru said, “There is no evidence linking the agents to that act. More troubling, your honour, is that the ODPP hasn’t even proven who owns the vehicle in question, including motor vehicle registration number KAE 735F. Vehicle registration is a legal process, and they haven’t followed it.”
He also noted that no charge of abuse of office had been filed against Natembeya.
“Without such a
charge, and in the absence of supporting evidence, the state’s narrative does not hold,” he added.
Njiru further pointed out that while search warrants were obtained for the governor’s residences in Rongai, Kibomet, and Nairobi’s Kileleshwa, none was issued for his Kitale home, where some evidence was reportedly collected.
“That evidence is illegally obtained and cannot be admissible,” he said.
By Nancy Gitonga