Prosecution ordered to disclose evidence in case against Governor Natembeya

The directive comes after the prosecution admitted it had failed to comply with a previous court order requiring the disclosure of materials in the case.

“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.

The prosecution, through State Counsel Victor Awiti, requested an additional two weeks to comply, citing challenges in accessing documents from the Trans Nzoia County offices.

“Most of the documents are to be obtained from Trans Nzoia County, and we have been unable to access them. We are requesting an additional two weeks to comply,” Awiti submitted.

However, the defence strongly opposed the application, terming it an abuse of the court process.

“Why would they visit the county offices without informing us, so that our legal team could be present? Now they are asking for more time. That is not how the criminal justice system operates—you do not charge someone first, then begin looking for evidence,” the defence argued. “We strongly oppose the application for an extension of time.”

In its ruling, the court ordered the prosecution to disclose all relevant materials by June 16, 2025, when the matter will be mentioned next.

Governor Natembeya is facing three counts: unlawful acquisition of public property, conflict of interest, and indirectly benefiting from public funds.

Immediately after the court session concluded, drama unfolded outside the courtroom as plainclothes police officers arrested three individuals believed to be staff members of the Trans Nzoia County government.

Further developments are expected as the matter proceeds.