Trans Nzoia Governor George Natembeya at Milimani law Court with his lawyers on Tuesday, June 3, 2025. [PHOTO: GEORGE NATEMBEYA X]The state is yet to retrieve from government agencies key
documents to be used in the prosecution of Trans Nzoia Governor George
Natembeya, a Nairobi court in Nairobi heard on Tuesday.
Natembeya was last month charged with three counts of
corruption including conflict of interest in key county tenders.
The case was set for pretrial directions but state
prosecutor Victor Owiti told the trial magistrate they were yet to served the
documents to the defence team
The prosecution informed the court that the Ethics and
Anti-Corruption Commission (EACC) is not yet ready with the critical documents required for disclosure and asked for
an additional two weeks.
They explained that the documents subject to disclosure are
to be obtained from various government offices.
They told the court that letters have already been sent to
key county secretaries, but the process remains ongoing.
Owiti emphasised that their application was not for an
extension of time but strictly related to the issue of disclosure, with an
affidavit being prepared to support their position.
They told the court that some documents currently held at
the Governor’s office are yet to be picked up by the EACC, and the court was
assured that the counsel will be notified once these documents are in hand.
The prosecution cited the Supreme Court’s decision in
Hussein Ali and 16 others vs AG 21/2017, which underlines the need for thorough
investigations and proper disclosure.
The defense counsel, led by Macharia, however, criticised the
EACC’s lack of readiness, pointing out the highly publicised nature of the
arrest of Natembeya and the authorities’ failure to finalise investigations and
compile necessary documents in time.
The defence stressed that court orders must be complied with
and that the public would be disappointed by the delays.
Magistrate Zipporah Gachana directed the prosecution to
disclose all relevant documents by June 16, 2025, when the matter will be
mentioned.
“Those documents and statements ought to have been supplied
by now. I therefore direct the prosecution to comply with the earlier orders,”
the magistrate ruled.
