M-Pesa, dummy account in Natembeya fraud case

Mr Natembeya, who was on Tuesday freed on cash bail of Sh500,000 after denying graft-related charges, is said to have received the monies through Emmanuel Wafula Masungo, the county’s chief finance officer and who is a close confidant.

The Ethics and Anti-Corruption Commission (EACC) reckons that Mr Masungo, under a company known as Easterly Winds Limited,operated a dummy bank account at SBM Bank, which the anti-graft agency says was used to wire and conceal payments to the governor.

A search at the Business Registration Services (BRS) revealed a single firm under Easterly Winds Limited, which was registered in August 2015 and the EACC says it has been trading with Trans-Nzoia County.

The filings indicate that it has a sole director and shareholder known as Noah Kipkorir, adding a fresh twist to the court saga.

Milimani anti-corruption court magistrate Charles Ondieki ordered Mr Natembeya to deposit the Sh500,000 in court and get two contact persons as part of the conditions for his release.

The court also barred Mr Natembeya from accessing his office in Kitale for 60 days, 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.

Mr Ondieki also directed Mr Natembeya not to leave the country without the permission of the court.

Mr Natembeya denied three graft-related charges, including conflict of interest and unlawful acquisition of public funds.

Mr Masungo, the second accused person in the suit, was not in court when the charges were read and the magistrate summoned him to appear for plea-taking on May 22.

The case against the two will be mentioned on June 3 for directions.

The first count Mr Natembeya faced was a conflict of interest contrary where he is alleged that as the Governor, he allegedly received Sh1.127 million from Mercy Chelangat, the director of Lyma Agro Science Ltd and the proprietor of Maira Stores, which traded with the county government.

The second count stated that he received Sh2.124 million from Mr Masungo, who is the beneficial owner of Easterly Winds Ltd, which traded with the county government, yet he was the county boss.

The third count stated that he acquired a total of Sh3.2 million, which were payments made by the county government to Lyma Agro Science Ltd, Maira Stores and Easterly Ltd, firms that were trading with his county government.

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.

The DPP through Mr 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.

Mr Akula cited the destruction of four vehicles belonging to the EACC and the Directorate of Criminal Investigations at Mr Natembeya’s residence in Milimani estate, Kitale.

“The witnesses (in the case) are his (Natembeya’s) subordinates and employed by his government. He may tamper with the witnesses or the evidence,” he said.

Mr Akula said a pre-bail report should be tabled in court to assist the court in making the decision.

An EACC investigator Mr Robert Rono said in an affidavit that they were investigating Mr Natembeya and four others for alleged procurement irregularities and fictitious payments amounting to Sh1.4 billion by the Trans-Nzoia during the 2022/2023 and 2024/2025 financial years.

Defended by a battery of 13 lawyers, Mr Natembeya maintained that bail was a constitutional right and that he was still presumed innocent.

The lead lawyer Mr Macharia Njeru said a look at the charge sheet and the circumstances of the case, it would be preposterous to deny him bail.

Mr Njeru submitted that independent agencies were being weaponised on matters of justice and the legal process was being used to attain ulterior objectives against perceived opponents of the government.

“We can't allow a situation where the criminal justice system is being used to harass opponents,” Mr Njeru said.

The sentiments were supported by Mr Ndegwa Njiru who said the reasons for opposing bail were based on speculations and assumptions.

Mr Ken Echesa protested the manner of his arrest, saying police violated his rights and abused the court order, obtained to search his premises, to break into his residences.

“The bundling him into a police vehicle and detaining him at Integrity Centre overnight was barbaric, unlawful and an affront to the dignity of the accused person,” he said.

The lawyer said the prosecution must provide cogent evidence before pushing for denial of bail and not make mere allegations.

“Mr Natembeya is a decorated career civil servant. He is the governor and deputy party leader,” he said, adding that bail is meant to ensure that an accused person attends court.

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