George Natembeya: EACC Should Return All Assets They Took From Trans Nzoia Governor

• The High Court ordered the Ethics and Anti-Corruption Commission (EACC) to return seized assets of Trans Nzoia governor George Natembeya
• The court cancels Natembeya’s arrest, citing a violation of his constitutional rights
• The judge insisted on neutrality in court processes and demanded that the property be returned within ten days

Nairobi – Trans Nzoia Governor George Natembeya has won a big victory following the recent decision of the High Court.

On Wednesday, March 18, the High Court ordered the Ethics and Anti-Corruption Commission (EACC) to return all items seized from the Trans Nzoia governor within 10 days.

What orders did the court give to EACC in the case of George Natembeya?

The orders reinforced the decision of the High Court Judge Luck Mwamuye quashed his arrest and subsequent charges on corruption allegations.

Judge Isabella Barasa said that without the order to stop the case, government agencies could not continue to hold the property of the governor, a strong critic of the President’s administration William Ruto.

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“I think if we are going to approach the court unilaterally, we must be ready to obey the orders of the court,” Barasa ordered.

The judge asserted that judicial processes must be used impartially, regardless of the accused. Barasa said that keeping those things had no legal basis, as the Supreme Court had already annulled the magistrate’s court cases.

“In the absence of a stay of proceedings, the items listed in the list will be returned within the next 10 days,” he ordered.

The order follows a decision by Judge Mwamuye which found that Natembeya’s constitutional rights were violated during his arrest and subsequent charges.

The governor was previously arrested and charged in the Milimani Anti-Corruption Court for financial offences.

Did the ODPP appeal against Natembeya’s release?

In another related move, the Office of the Director of Public Prosecutions (ODPP) filed a Notice of Appeal challenging the High Court’s decision that cleared Natembeya of corruption-related charges.

The action follows a decision issued on March 4 by Judge Mwamuye, which prevented government investigative agencies from pursuing the case against the county head.

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In the ruling, the court restrained the ODPP, the Directorate of Criminal Investigation (DCI), and the Ethics and Anti-Corruption Commission (EACC) from investigating, recommending charges, or initiating criminal proceedings against Natembeya over the matter.

The court also awarded the governor general compensation of KSh 2.5 million, plus interest at court rates from the date of the decision until full payment.

Did Natembeya benefit from the alleged corruption?

Prosecutors earlier told the court that Natembeya allegedly obtained an indirect pecuniary benefit of KSh 1,127,900 from Mercy Chelangat.

Chelangat is the director of Lyma Agro Science Limited and proprietor of Maira Stores, both of which conducted business with the Trans Nzoia County Govt.

The governor was further accused of receiving another indirect pecuniary benefit of KSh 2,124,668 from Emmanuel Wafula Masungo, the beneficial owner of Easterly Winds Limited, another company that had transactions with the county government.

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Source: TUKO.co.ke