Former Bungoma Governor Wycliffe Wangamati (In a black jacket-Left)with his two brothers in court on September 2, 2025/EZEKIEL AMINGA
Former Bungoma Governor Wycliffe Wafula Wangamati has been freed on Sh1.5 million cash bail after pleading not guilty to graft-related charges at the Anti-Corruption Court.
Milimani Anti-Corruption Trial Magistrate Zipporah Gichana on Tuesday delivered her ruling after hearing arguments from both the defence and the prosecution.
Wangamati, who was the first accused in the case, was granted a Sh5 million bond or an alternative cash bail of Sh1.5 million. He faces charges over conflict of interest.
The court was told that the former governor was not alone in the dock.
The charge sheet lists Wangamati as the first accused, followed by his brothers Michael Simiyu and Edward Barasa, who are alleged directors of Nabwala Construction Limited.
The company is among those cited in the case, alongside other firms such as Valeria Construction, Mundesi Constructors, Kelco Builders, and Fastec Suppliers, alleged to have benefitted from Bungoma County tenders.
The brothers, who were listed as the second and third accused, were each granted Sh1 million bond or Sh400,000 cash bail.
During submissions, defence lawyer Peter Wanyama urged the court to impose lenient terms, insisting the accused had fully cooperated with investigators and were not flight risks.
He noted that despite the 27 counts facing the group, no procurement or finance officials had been charged.
“Ordinarily, such cases begin with abuse of office or conspiracy to commit corruption. None have been brought here,” he said.
The prosecution, through counsel Vincent Monda, countered that the gravity of the charges could make some of the accused flight risks.
He also urged the court to restrict public commentary on the case.
“Comments regarding the matter should be made only in court to preserve the integrity of proceedings,” he submitted.
The submissions extended to other accused persons, including Edward Maaya Makhanu, the fourth accused, who was handed the highest terms—a Sh10 million bond or Sh2.5 million cash bail. Sandra Nasambu Soita (accused 5) was released on Sh1 million bond or Sh400,000 cash bail.
Accused six and seven, Wakoli Wafula Chesititi and Bramwel Bukewa Wafuta, were placed on the same terms as Wangamati—a Sh5 million bond or a Sh1.5 million cash bail.
The eighth accused, Juma Swalih Juma, was granted an Sh8 million bond or Sh2 million cash bail, while the ninth, tenth and eleventh accused—Jimmy Barasa Wekesa, Christopher Makokha Masika, and Joseph Khaemba Wanyonyi—were each given Sh1 million bond or Sh450,000 cash bail.
In her ruling, Magistrate Gichana ordered all accused to deposit their passports within seven days and warned them against contacting or interfering with witnesses.
She stressed that the sub judice rule applied equally to the defence and prosecution, warning of legal consequences for breaches.
"Accused persons are neither to contact nor interfere with any of the witnesses by themselves or through their agents," the court ruled.
The matter will return to court on September 17 for mention.
