DAP-K party leader Eugene Wamalwa has claimed that the bail ruling against Trans Nzoia Governor George Natembeya is politically motivated.

In statement shared via his X account on Tuesday, May 20, 2025, Wamalwa, who was present in court to show solidarity with the governor, raised concerns about what he sees as the growing trend of using Kenya’s criminal justice system as a political tool.

He argued that the ruling, although it allowed Natembeya’s release on a cash bail of Ksh500,000, came with excessively punitive conditions, including barring him from accessing his office for 60 days.

Wamalwa further warned that the continued politicization of legal processes signals a dangerous shift from traditional political contests to what he termed lawfare.

“We welcome Gov George Natembeya’s release on a cash bail of Ksh500,000 despite the harsh conditions blocking him from his office for 60 days. When the Criminal Justice system is politicized and weaponized as is happening in Kenya today, it’s no longer political warfare but lawfare,”Wamalwa wrote.

Banned to serve

Natembeya was released on a Ksh1 million bond with one surety or an alternative cash bail of Ksh500,000. He is also required to provide two contact persons.

However, Chief Magistrate Charles Ondieki of the Anti-Corruption Court barred the governor from accessing his office for 60 days and prohibited him from contacting witnesses as the case proceeds.

The Trans Nzoia county boss was arraigned on Tuesday, May 20, 2025, and pleaded not guilty to multiple graft charges. According to the charge sheet, Natembeya is accused of conflict of interest and unlawful acquisition of public property.

The prosecution claims that between January 1, 2023, and April 30, 2025, Natembeya, while serving as the governor, knowingly acquired an indirect financial benefit amounting to Ksh1,127,900. The money allegedly came from Mercy Chelangat, the Director of Lyma Agro Science Limited and proprietor of Maira Stores, both of which conducted business with the Trans Nzoia County Government.

“Between January 1, 2023 and April 30, 2025, within the Republic of Kenya being an agent of a public body, to wit the governor of County Government of Trans Nzoia, you knowingly acquired indirect pecuniary interest in the sum of Ksh1,127, 900 from Mercy Chelangat the Director of Lyma Agro Science Limited and the proprietor of Maira stores, which traded with the County Government of Trans Nzoia,” the charge sheet read.

In another count, the governor is accused of receiving Ksh2,124,668 from Emmanuel Wafula Masungo, the beneficial owner of Easterly Winds Limited another company that traded with the county government.

Further, he faces a charge of unlawfully acquiring a total of Ksh3,252,568 in public funds through dealings with the three companies.

During the court session, the Directorate of Public Prosecutions (DPP), represented by lawyer Victor Owiti, opposed Natembeya’s release on bail. Owiti argued that the governor might interfere with witnesses and tamper with evidence if granted bail.

However, Natembeya’s legal team comprising Senior Counsel John Khaminwa, Willis Otieno, and Ndegwa Njiru dismissed the DPP’s claims.

They argued that there were no compelling reasons to deny their client bail and emphasized that doing so would infringe on his constitutional rights.

The defense team further stated that the claim about potential witness interference was not strong enough, noting that the witnesses mentioned were merely Natembeya’s subordinates and that proper legal safeguards could be put in place.