- The High Court dismissed all criminal charges against George Natembeya and awarded him KSh 2.5 million in compensation
- Judge Bahati Mwamuye found that the case related to the loss of KSh 1.4 billion did not have a sound legal basis
- The court criticized the investigators and prosecutors, citing denial of counsel, illegal collection of M-Pesa records and reliance on questionable evidence.
The High Court has dismissed all criminal charges against Trans Nzoia governor George Natembeya.
Source: UGC
He has also been awarded a compensation of KSh 2.5 million, while the court confirmed that the actions that led to his arrest and prosecution violated his constitutional rights.
Natembeya was arrested and brought before the Milimani Anti-Corruption Court for alleged violations of financial laws involving transactions that investigators claimed were linked to corruption.
However, the governor insisted that the relevant transactions were legitimate daily payments shown in his financial records.
Why did the High Court dismiss the charges against Natembeya?
In the sentence issued on Wednesday, March 4, the Judge Luck Mwamuye declared that the criminal cases filed against the county head were unconstitutional.
The court also completely barred investigative agencies from pursuing further investigations or prosecutions related to the case.
Judge Mwamuye found that the decision to charge Natembeya with regard to allegations of corruption did not have a proper legal basis and did not reach the threshold required to proceed with a criminal case.
“The decision to prosecute the plaintiff when looked at as a whole was not based on the correct basis,” he said.
The High Court noted that the charges were based on the alleged loss of KSh 1.4 billion which had been made public.
Judge Mwamuye noted that the figure was worrying, which contributed to a process that seemed to be affected by things unrelated to the administration of justice.
What is the constitutional violation that Natembeya raised?
During the legal battle, Natembeya filed a case in the High Court challenging the legality of his arrest, detention, and the way the evidence against him was gathered.
He claimed that several constitutional protections had been violated during the investigation and prosecution process.
The court agreed with his arguments and pointed out a series of procedural errors that undermined the case.
According to the judgment, Natembeya was denied access to a lawyer and the investigators executed the warrant in a manner that violated due process.
Judge Mwamuye also criticized the conduct of investigative agencies and prosecutors, saying the process used to impeach the governor showed abuse of power.
“The defendant’s conduct of suing early, relying on after-the-fact evidence, refusing legal representation and airing unsubstantiated claims is an abuse of power and a defect under Article 157(11),” the judge ruled.
The court further found that the investigators obtained information of M-Money of Natembeya illegally, which were later used as part of the evidence in a corruption case.
This, the court said, violated constitutional protections governing privacy and due process.
Why Natembeya was given KSh 2.5 million?
As part of the orders issued, the court completely quashed Natembeya’s arrest and detention in connection with the corruption case.
It also prevented the use of illegally obtained evidence during investigations.
Judge Mwamuye further declared that the entire criminal process initiated against the governor amounted to an abuse of the judicial system.
“A declaration should be made here that the initiation and continuation of criminal proceedings in the 2025 Mountainous Anti-Corruption Case is an abuse of process, illegal, and unconstitutional,” the decision said.
The ruling also confirmed the conservatorship orders that had previously been issued on June 5, 2025, temporarily preventing the Ethics and Anti-Corruption Commission (EACC) and the Directorate of Public Prosecutions (DPP) from taking further action in the case while the constitutional petition was heard.
Source: Twitter
Judge Mwamuye confirmed that the orders will now remain in force forever, thus preventing the organizations from reviving the case against the governor.
“The temporary animal shelter orders issued by this court on June 5, 2025, restrain the defendants from taking any further steps in Milimani Anti-Corruption Case No. E024-2025 or from acting in any manner inconsistent with the plaintiff’s constitutional rights and are therefore hereby declared permanent,” he ruled.
In addition to dismissing the charges, the court awarded Natembeya KSh 2.5 million as general compensation.
The compensation was intended to cover the embarrassment, emotional distress, and reputational damage he suffered after being arrested and charged.
The court ordered that the amount will attract interest at court rates from the date of judgment until it is paid in full, with the defendants covering legal costs incurred in the case.
Read ENGLISH VERSION
Do you have an exciting story that you would like us to publish? Please contact us via news@tuko.co.ke or WhatsApp: 0732482690.
Source: TUKO.co.ke
