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Long day in court: Natembeya freed, but blocked from accessing his office for 60 days
A Nairobi court has freed Trans Nzoia County Governor Natembeya on bond of Sh1 million with an alternative cash bail of Sh500,000, bringing to a close his long day at the Anti-Corruption Court in Milimani.
Magistrate Charles Ondieki ordered Mr Natembeya to deposit the amount in court and get two contact persons as part of the conditions for his release.
Trans Nzoia Governor George Natembeya at the Milimani Anti-Corruption Court on May 20, 2025.
The court also ordered him not to visit his county office for 60 days or leave Kenya without permission, after the prosecution alleged that he was likely to interfere with witnesses and exhibits.
The county boss was arrested on Monday and spent one day in custody.
Allegations of receiving kickbacks
The Trans Nzoia governor is alleged to have received kickbacks from an entity that was trading with his administration. According to the prosecution, the funds were channeled through Mr Emmanuel Wafula Masungo, the county’s chief finance officer and who is also a close confidant.
Mr Masungo, the second accused person, was not in court when the charges were read. The court issued summons against him to appear for plea-taking on May 22.
The case against the duo will be mentioned on June 3 for directions.
The charges
The first count Mr Natembeya faced was conflict of interest contrary to the Anti-Corruption and Economic Crimes Act. The charge stated that he received Sh1.1 million from Mercy Chelangat, the director of Lyma Agro Science Ltd and the proprietor of Maira Stores, a company that was trading with the Trans Nzoia County Government. The prosecution alleged that he received the money between January 1, 2023, and April 30, 2025.
The second count stated that he received Sh2.1 million, during the same period, from Mr Masungo, who is the beneficial owner of Easterly Winds Ltd, which traded with the county government. According to the charge sheet, he knowingly acquired an indirect pecuniary interest form Mr Masungo.
The third count alleged that Mr Natembeya acquired Sh3.2 million as part of the payments made to Lyma Agro Science Ltd, Maira Stores and Easterly Ltd in conflict of his public interest.
According to the Ethics and Anti-Corruption Commission (EACC), Mr Masungo would receive the money from the trader and eventually channel it to the Governor through M-Pesa.
After denying the charges, the Director of Public Prosecutions Renson Ingonga opposed his release on bail, arguing that Mr Natembeya was likely to interfere with witnesses and the ongoing investigations.
Trans Nzoia Governor George Natembeya at the Milimani Anti-Corruption Court on May 20, 2025.
The DPP said that there are ongoing investigations and that the governor, through his agents, attacked EACC and DCI officers and vandalised their vehicles.
The DPP, through Victor Juma Owiti, said whereas bail was a constitutional right, the court should deny an accused person the right where compelling reasons are given.
“We are oppose the release of the accused person on bail for reasons that he is likely to interfere with witnesses, for reasons of public safety and the seriousness of the offences,” Mr Owiti submitted.
Mr Alex Akula, another prosecutor submitted that the EACC was investigating other graft-related offences against Mr Natembeya and going by what happened on Monday, he should be denied bail.
“The witnesses are his subordinates and employed by his government. He may tamper with the witnesses or the evidence,” he said.
Defended by a battery of 13 lawyers, Mr Natembeya maintained that bail is a constitutional right and that he is still presumed innocent.