Nyamira County Assembly Deputy Clerk Leonard Nyamasege was on Tuesday arraigned before Principal Magistrate Christabel Agutu at the Nyamira Law Courts for plea taking in a case involving alleged procurement irregularities in the award of a tender for the construction of the County Assembly’s office block.
Plea taking was, however, deferred to July 28, 2026, after the defence informed the court that the accused had obtained orders from the Kisumu High Court staying his arrest and arraignment pending the hearing and determination of a petition filed before that court.
During the proceedings, the prosecution and counsel for the Ethics and Anti-Corruption Commission (EACC) maintained that they had not been served with the alleged High Court orders and urged the court to proceed with plea taking.
In her ruling, Principal Magistrate Agutu observed that although the court had not had the benefit of examining the alleged High Court orders, a subordinate court must exercise caution where it is claimed that a superior court has issued orders directly affecting proceedings before it. The magistrate held that a brief adjournment was the most prudent course to avoid procedural complications should the orders indeed exist and prohibit plea taking.
“Accordingly, I decline to take plea at this stage. Plea taking is hereby deferred to the 28th of July 2026 to enable the court to ascertain the existence, the scope and the effect of the alleged High Court orders and thereafter give appropriate directions,” the magistrate ruled.
The court further ordered that Nyamasege be released and directed him to appear before the court on July 28, 2026, with his advocates undertaking to ensure his attendance.
Nyamasege had been arrested on Tuesday morning by officials from the Ethics and Anti-Corruption Commission (EACC) at his home in Kisii. He is facing several charges, including abuse of office, willful failure to comply with the law relating to the management of public funds, and neglect of official duty, all arising from the procurement process for the construction of the Nyamira County Assembly office block.
The matter will be mentioned on July 28, 2026, when the court is expected to determine the effect of the alleged Kisumu High Court orders before issuing further directions on the plea.
