A Nairobi High Court has closed a case file that sought the suspension of Trans-Nzoia Governor George Natembeya’s trial over graft charges at the Milimani Anti-Corruption Court.
Justice Lawrence Mugambi on Wednesday, June 25, 2025, closed the case file after none of the parties appeared in court for directions on the case.
However, Justice Mugambi noted that there was a written notice of withdrawal of the petition and gave effect to the said notice, closing the file.
“There is no appearance by any party, but in the file, there is a notice of withdrawal of the petition dated May 23, 2025. I will give effect to the said notice and mark this matter as withdrawn. The file is hereby closed,” Justice Mugambi ruled.
Through his lawyers, Governor Natembeya had filed a petition at the High Court on May 20, 2025, seeking conservatory orders to restrain the EACC and the DCI from arresting and charging him in court over graft-related charges.
“Pending inter partes hearing of this application, this court do issue a conservatory order restraining the Respondents (EACC and DCI) from arresting, charging on May 20, 2025, or on any other date, and/or detaining the petitioner in relation to the award of the tender to three entities, namely: Parbat Siyan Construction Limited for the Rehabilitation and Modernization of Kenyatta Stadium (Phase 1A), C.M. Construction Company Limited for the Construction of the Trans Nzoia County Headquarters Offices, and Session Blue Contractors Limited for the Construction of Tom Mboya Hospital,” part of the petition read.
Justice Bahati Mwamuye on June 5, 2025, issued conservatory orders that were to remain in force until the petition filed before the High Court was heard and determined.
“Pending the inter partes hearing and determination of the petitioner’s notice of motion, a conservatory order be and is hereby issued staying the criminal proceedings in a Nairobi Milimani Magistrates Anti-Corruption Case Number E024 of 2025,” Justice Mwamuye ordered.
Further, he directed the petitioner to serve the application, petition, and the court order to the Ethics and Anti-Corruption Commission (EACC) and the Directorate of Criminal Investigations (DCI) immediately, and to file an affidavit of service in that regard by close of business on June 9, 2025.
According to court papers, EACC officers arrested Natembeya on May 19, 2025, without prior notice and detained him at the Integrity Centre with the intention of charging him the following day.
Further, the petition asserts that the officers conducted a thorough search at his residential home in Kitale and at the Trans Nzoia County offices without a court order.
It also stated that the purported investigations were centred on procurement matters related to the award of tenders through a competitive process to three entities, which he had no control over; thus, the intended prosecution was violating his rights.
“As a matter of fact and law, the petitioner is not an accounting officer and therefore not in control of procurement and public finance matters at the County, and thus the intended prosecution is in violation of Article 157 of the Constitution of Kenya,” part of the petition read.
Governor Natembeya was arraigned in court on Tuesday, May 20, 2025, where he pleaded not guilty to graft charges.
The Milimani Anti-Corruption Court freed the County boss on a bond of Ksh1 million with one surety, with an alternative of paying a cash bail of Ksh500,000 with two contact persons.
The Anti-Corruption Chief Magistrate Charles Ondieki also barred him from entering his office for a period of 60 days and ordered him to refrain from interfering with witnesses.
The High Court’s decision to close the file gives the Anti-Corruption Court the green light to proceed with the trial of the County boss, after it had adjourned on June 16, 2025, in respect of the High Court orders.
Milimani Principal Magistrate Zipporah Gichana directed that the case be mentioned on July 30, 2025, for an update on the High Court proceedings.
Notably, she excused Governor Natembeya from attending the court proceedings.
