Governors on trial as graft claims tarnish 12 years of devolution era

When devolution started, the idea was to have money flow to the grassroots.

However, its 12 years of existence are clouded by corruption with former and current governors facing corruption claims.

Graft, weak systems and loss of revenue have been cited among the teething problems dogging the devolved units of government.

From the current to former governors, corridors of justice have become the battleground with graft being central to the woes dogging county chiefs.

The latest in the dock is Trans-Nzoia County Governor George Natembeya.

Before the lower court, the governor is accused of corruption-related offences stemming from alleged illegal financial dealings during his tenure.

According to the prosecution, between January 1, 2023, and April 30, 2025, while serving as Governor, Natembeya knowingly acquired indirect pecuniary interests totalling over Sh3.2 million through various companies that conducted business with the Trans Nzoia County Government.

The entities mentioned include Lyma Agro Science Limited, Maira Stores, and Easterly Winds Limited.

The court was informed that his co-accused, Emmanuel Wafula Masungo, the Chief Finance Officer of Trans Nzoia County, was not present for plea taking. 

Masungo faces similar charges of conflict of interest and unlawful acquisition of public funds amounting to Sh2.68 million. 

He is alleged to have channelled county payments through Easterly Winds Limited, a company in which he has a private interest and is the sole signatory to its bank account.

In count one, Governor Natembeya is accused of receiving Sh1,127,900 from Mercy Chelongat, the Director of Lyma Agro Science Limited and proprietor of Maira Stores.

In a second count, he is further accused of indirectly benefiting from Sh2.1 million through Masungo.

Masungo is separately alleged to have unlawfully acquired public funds through the company under his control.

Both Natembeya and Masungo jointly face two additional charges involving the unlawful acquisition of public property, with the prosecution citing abuse of office and conflict of interest.

 He denied the claims before the Magistrate's Court. The former Regional Commissioner for Rift Valley moved to the High Court, which suspended the case before the lower court in June this year.

In his case before Justice Bahati Mwamuye, he argued that the current charges were politically motivated and influenced by his standing in the region.

Former Governor Evans Kidero, former Garissa County boss Ali Korane, former Samburu Governor Moses Lenolkulal and Muthomi Njuki of Tharaka Nithi were among the first lot of governors to face the law over alleged graft and misappropriation of funds.

Korane was charged in 2021 and faced eight counts of conspiracy to commit economic crime, failing to comply with laws relating to the management of public funds and misappropriation of public funds.

He was also accused of conspiring to commit an economic crime by mismanaging Sh233 million allocated to the county as a conditional grant for the Kenya Urban Support Program between February 25, and September 20, 2019.

He denied the charges. However, in 2023, the Director of Public Prosecutions withdrew the charges against Korane

Njuki, on the other hand, has corruption charges relating to a Sh34 million illegal tender award still hanging over his head.

On the other hand, Kidero faced two separate corruption charges. In the first case, it is alleged that he conspired to commit an offence of corruption, leading to the loss of Sh213 million from the Nairobi City County.

The second case involves another conspiracy to defraud of Sh58 million. Kidero’s cases have been ongoing.

However, besides Kidero, there was the Chief Finance Officer Jimmy Kiamba. He was the poster boy of illegally amassed wealth wars with the government. He lost.

According to EACC, Mr. Kiamba’s gross revenue was worth Sh1 billion. It also claimed that during investigations it emerged that his total inflows were Sh1.1 billion from August 2009 and February 2015.

On the other hand, his cumulative salary was Sh5.8 million.

“With a turnover of Sh 16,856,635.25 per month, Your Ladyship might wonder why someone engaged in a business of this magnitude would choose to remain in a public service job where his highest salary as of January 2015 was a modest Sh 145,326.60 per month,” EACC said.

But Mr Kiamba, in his counter-arguments, denied any impropriety. He argued that the claims before the court were unjustified as the assets and the monies claimed are from his sweat.

According to Kiamba, he owned several business properties that brought him money besides the disposal of the properties which gave him an extra coin.

The court heard that Kiamba was required by law to make biennial declarations of his income, assets, and liabilities in the prescribed Public Service Commission form.

To justify his argument, Kiamba produced in court documents showing that he was involved in several business ventures.

Some of the businesses he listed are Puffs Agencies, Traceys Interior Designs, Kadongo Bar & Restaurant, and Austers Pub & Barber Shop.

Between January 2007 and December 2007, he only declared income in the form of salary at Sh800 thousand and assets in the form of a plot worth Sh 400 thousand and a vehicle valued at Sh 600 thousand.

For the period November 1, 2001, to  October 31, 2009, he declared a gross two-year salary in Sh 1 million and a two-year rental income Sh600 thousand.

His assets were stated as rental flats in Athi River valued at Sh 2.7 million and a Toyota Rav 4 motor vehicle valued at Sh 1.2 million.

By the next declaration cycle from November 1, 2011, to October 31, 2013, his salary was Sh3.6 million, rental income Sh95 million, and business income of Sh60 million.

His assets were now valued more than Sh400 million.

The properties, however, were set for auction after Supreme Court Judges Mohamed Ibrahim, Njoki Ndung’u, Isaac Lenaola, and William Ouko unanimously agreed that Kiamba had not raised any constitutional issue to warrant the court’s intervention in May 2024.

Former Nairobi governor Mike Sonko also ended up in court as an accused person alongside businessman Anthony Ombok Jamal in a Sh20 million graft case. In this case, the state claimed Sonko used his position to facilitate payments from Nairobi County, with Ombok allegedly playing a key role in channelling the funds.

The two also denied the charges and is ongoing before Milimani Court.

In the same year, EACC decided to drop Sh 1.9 billion forfeiture case against former Migori County governor Okoth Obado after he agreed to refund the money. There was also another Sh73 million case, which Obado agreed to the terms set by the EACC for his freedom.

In the meantime, the Chief Magistrate’s Court directed this year that Obado and his children should, for the last time, try to settle the Sh 505 million graft case with the Director of Public Prosecutions (DPP), or else the trial will proceed.

As Sonko was facing the law, Waititu was also facing the Anti-corruption High Court over Sh1.9 billion he allegedly acquired through stolen public funds.

EACC filed a case to compel Waititu, his wife, Susan Wangari Ndung’u and their three companies to forfeit the assets to the state for being proceeds of corruption.

“We have established that between January 2015 to July 2017 when Waititu served as Kabete MP and August 2017 to January 2020 as Kiambu County Governor, he amassed wealth to the tune of Sh1,937,709,376 which is not commensurate to his known legitimate sources of income,” said the commission.

Among the properties the commission wants forfeited to the state are millions of shillings in the ex-governor’s bank accounts, several pieces of land in Kajiado, Nairobi and Kiambu Counties, several motor vehicles and houses he allegedly bought in a hurry to conceal the source of funds.

Through lawyer Jackie Kibogy, EACC claimed that Waititu used his political position as MP and Governor for private gain by involving himself in a complex corruption chain with contractors to embezzle public funds.

Kibogy alleged that in the race to steal public funds, Waititu incorporated his wife and registered three companies Saika Two Estate Developers Limited, Bienvenue Delta Hotel and Bins Management Services Limited as the vehicles for siphoning public funds.

“Waititu worked in consonance with County Officials while serving as Governor and engaged in schemes to embezzle public funds through fictitious and fraudulent procurement contracts after which he was paid huge kickbacks he used to buy the properties,” said Kibogy.

She added that the commission allowed Waititu and his wife to explain the assets that are disproportionate to their known legitimate sources of income but they could not offer any explanations which led to the conclusion that the assets are proceeds of crime.

The commission asked the court to freeze the listed assets and cash in bank accounts pending determination of the suit.

For Waititu, the anti-graft agency listed Sh805 million in his accounts, land and houses in Runda, Lucky Summer, Migaa Estate, Embakasi Ranching, Kayole and Thindigwa all valued at Sh280 million and five vehicles valued at Sh14 million which are suspected to be proceeds of corruption.

His wife, Wangari’s assets the commission wants to seize are Sh276 million cash in her accounts, four parcels of land in Kitengela and Kabete valued at Sh19 million and a vehicle worth Sh400,000.

The commission alleged that some of the illegally acquired assets were registered under Saika Two Estate Developers Limited with landed properties valued at Sh662 million and Sh164 million in the account.

Bienvenue Delta Hotel is said to have Sh68 million in its accounts while Bins Management Services Limited has Sh63 million.

“We are satisfied that during his tenure in office, Waititu engaged in corrupt conduct and economic crimes and has already been charged in court with corruption offences relating to conflict of interest and dealing with suspect property,” said Kibogy.

The wealth is currently frozen and the case is ongoing.  Waititu, on his end, argued that the commission targeted wealth that he had made before he became a governor. He argued that owing to the businesses he had done, he had generated clean wealth.

Waititu was also jailed  in February this year for 12 years if he did not manage to raise a Sh 53 million fine. He was convicted of graft along with his wife, Susan Wangari, businessman Charles Mbuthia Chege, his wife, Beth Wangechi, and former Kiambu Roads Chief Officer Luka Mwangi Wahinya.

Anti-corruption Court Chief Magistrate Thomas Nzyoki said that he had corruptly received Sh 25 million from Enterprise Testimony Limited. The firm had clinched a Sh 588 million road construction deal when he was the Kiambu Governor.

They are currently before the High Court, appealing the verdict. Waititu was released on bail last month after spending 167 days behind bars on account of his wealth having worsened.

Lenolkulal is also before the High Court on Appeal after he was convicted in 2024 by the court for being found guilty of pocketing at least Sh 83 million in a deal to supply fuel to the county.

He was convicted alongside then county officials Stephen Letinina, Daniel Nakuo, Josephine Lenasalia, Reuben Lemunyete, Milton Lenolngenje, Geoffrey Kitewan, Paul Lolmingan, Hesborn Wachira, Lilian Balanga and Benard Lemursat.

Lenolkulal became the first governor to be jailed for eight years if he failed to pay a fine of Sh 84.5 million.

In 2022, Governors lost their immunity from being locked out of office when facing corruption charges after the High Court dismissed their petition that sought to shield them from suspension.

The decision by a three-judge bench of Justices Grace Nzioka, James Wakiaga and Esther Maina was a blow to the county chief executives who were fighting to save their colleagues who had been barred from accessing their offices after being charged with corruption cases.

The judges ruled that barring governors from accessing their offices while facing corruption and other criminal charges does not amount to removal from office but to protect the integrity of the court process and stop them from interfering with evidence.

“The constitution clearly provide procedures for which a county governor can be removed from office and we come to the conclusion that barring them from their offices is not unlawful and does not amount to removing them from office through the back door,” ruled the judges.

According to the judges, the Supreme Court had already determined the issue of locking out governors from office and that they cannot interfere with the decision of the apex court.

They added that some of the magistrates who locked out the governors from office after being charged only did that as a condition for their release on bail, and that the accused governors can still apply for a review of the conditions before the trial courts if they find them untenable.

EACC in its annual report for the last financial year indicated that at least 11 counties were on the radar, in a probe over a total of Sh 6.3 billion, taxpayers’ money.

According to the 2013-2024 report released in January this year, Kajiado County tops the list as it is being probed for Sh 2.25 billion. EACC said that it is investigating allegations of conflict of interest against county officials who failed to declare their interests in various companies that clinched tenders in the years 2013-2014 and 2022-2023.

The other county is West Pokot. Here, the anti-graft body is probing alleged loss of Sh 1.04 billion. The Abdi Ahmed Mohamud-led commission indicated that the probe surrounded allegations of conflict of interest about tenders awarded to allegedly proxy companies between 2013 and January 2024. It also has allegations of embezzlement of imprest by a county official totaling to Sh 318 million and Sh 310 million money linked to alleged conflict of interest.

Another county, Bomet, is also under investigation for conflict of interest by its officials, again involving alleged proxy companies. The money cited in the report is Sh 1 billion.

 Kwale County is on the EACC files, involving an alleged Sh 849 million graft. The inquiry concerns alleged irregularities in the award of medical insurance for the 2021-2022 financial year.

The other county is Marsabit, which is being probed for Sh 635 million. According to the commission, the probe is about a conflict of interest against the former governor and involves three companies and is between the financial years 2013-2014 and 2017-2018. It is also being probed for another Sh 481 million tender.

Nyamira is also being probed for Sh 367 million alleged procurement irregularities while Uasin-Gishu is on the radar over alleged embezzlement of public funds worth Sh 239 million.

In addition, EACC indicated that it is probing Nairobi County over some Sh 93 million allegedly paid 13 companies for the years 2021-2022 and 2022-2023.