Former Bungoma Governor Wangamati in court on Tuesday…..Photo/IP
By Peter Mwibanda
NAIROBI, Kenya (IP) — A high-profile corruption case has erupted into a national controversy after it emerged that prosecutors charged a dead man alongside former Bomet Governor Hillary Barchok and ex-Bungoma Governor Wycliffe Wangamati — igniting allegations of political witch-hunts, legal incompetence and election-year sabotage.
Barchok was released Tuesday on a KSh 5 million cash bail, while Wangamati walked free on a KSh 1 million bail after spending the night in custody.
But it is the charge sheet — and its ghostly error — that has stunned the country and cast serious doubt on the credibility of the prosecution.
One of the accused listed is the late brother of former Governor Wangamati, who served as a director in one of the implicated companies. He died three years ago.
“How does a corpse stand trial?” asked senior counsel Paulina Achieng. “This isn’t just a legal blunder — it’s an indictment of the entire investigative process.”
Legal experts have slammed the move as an embarrassment to Kenya’s justice system, calling the charge sheet “defective” and questioning the depth — or intent — of the investigation.
“This case is either sloppily done or deliberately sabotaged. Either way, it undermines public trust in our institutions,” said constitutional lawyer Robert Njuguna.
The Ethics and Anti-Corruption Commission (EACC), which led the probe, has yet to comment on the inclusion of the deceased — a revelation that has further fanned claims of politically motivated prosecution.
Allies of Wangamati allege that the arrests are part of a calculated political purge orchestrated by National Assembly Speaker Moses Wetang’ula to weaken potential challengers in Bungoma ahead of the 2027 general election.
Wetang’ula is said to be quietly backing his brother, Westlands MP Timothy Wanyonyi, to contest the Bungoma governorship — a move insiders claim has triggered a wave of realignments in the county.
“This is not justice. This is a political ambush,” said a close Wangamati ally. “They are using state machinery to clear the way for one family to control Bungoma.”
Political observers warn that the arrests could significantly shift the dynamics in the Western Kenya region, which has become a key battleground in the run-up to 2027.
“The script is playing out: arrest, humiliate, destabilize. Then install a preferred candidate. We’ve seen it before,” said political analyst Dr. Rose Mwakazi. “What’s different now is how brazen it has become.”
Civil society groups are now calling for an audit of the case and disciplinary action against the officers who prepared the charge sheet.
Some are even questioning how taxpayer money can fund investigations that appear “both defective and politically loaded.”
As the accused return to court next month, the public is left to grapple with unsettling questions:
Is Kenya’s criminal justice system a tool for truth — or a weapon for power?
