The High Court has cleared Trans Nzoia Governor George Natembeya of all criminal charges, declaring that his arrest and prosecution for alleged corruption were unlawful and infringed upon his constitutional rights.
Delivering the ruling at the Milimani Law Courts, Justice Bahati Mwamuye criticized investigators for “unconstitutional actions” throughout the arrest and investigation process.
The judge determined that the Ethics and Anti-Corruption Commission (EACC) broke the law when they blocked Natembeya from seeing his lawyers during his arrest on May 20, 2025. Justice Mwamuye noted that this decision violated his constitutional right to legal counsel and a fair trial.
The court further concluded that investigators illegally obtained the governor’s M-Pesa statements. The judge ruled that the methods used to access these financial records failed to meet necessary constitutional and legal standards.
“The respondent’s conduct of premature charging, reliance on post-factual evidence, denial of legal representation, and publicizing unverified allegations constitutes a clear abuse of power and malafides under Article 157(11),” Justice Mwamuye observed.
Justice Mwamuye further held that the anti-corruption case against Natembeya abused the court process. Consequently, he barred both the EACC and the Office of the Director of Public Prosecutions (ODPP) from pursuing any further prosecution based on these specific facts.
“The decision to charge the petitioner (Natembeya) when viewed holistically lacked a proper foundation,” the judge stated.
Financial Awards and Damages
In the ruling delivered on Wednesday, the court awarded Natembeya Sh2.5 million in general damages. This compensation addresses the violation of his constitutional rights, as well as the humiliation, distress, and reputational damage he endured.
The award will accrue interest at court rates from the date of judgment until the respondents pay in full. The court also ordered the respondents to cover Natembeya’s legal costs.
Authorities originally arrested and charged the governor at the Milimani anti-corruption court over alleged financial discrepancies. However, Natembeya’s records showed these transactions were actually lawful per diems.
The judge noted that the charges followed a public announcement regarding a Sh1.4 billion loss, a figure the court described as sensationalized. Ultimately, the judge concluded that factors “unrelated to the fair and impartial administration of justice” drove the entire legal process.
