The High Court has nullified criminal proceedings against Trans Nzoia Governor George Natembeya, ruling that his arrest and prosecution over alleged corruption were unconstitutional and procedurally flawed.
In a judgment delivered on Wednesday, Justice Bahati Mwamuye found that the case against the governor lacked a solid legal basis and was tainted by violations of due process. The court further awarded Natembeya Sh2.5 million in general damages for infringement of his constitutional rights.
Justice Mwamuye held that the decision to charge the governor was not supported by sufficient legal grounding.
“The decision to charge the petitioner, when viewed holistically, lacked a proper foundation,” the judge ruled.
Natembeya had previously been arrested and arraigned before the Milimani Anti-Corruption Court over alleged financial improprieties, including transactions investigators questioned despite his assertion that they were lawful per diem payments.
The court observed that the charges followed a widely publicised announcement alleging a Sh1.4 billion loss, a figure the judge said appeared sensationalised and may have influenced the investigative process.
According to the ruling, the prosecution process was “driven by factors unrelated to the fair and impartial administration of justice.”
Challenging the move in the High Court, Natembeya argued that his arrest, detention, and the manner in which evidence was obtained violated his constitutional protections. He cited denial of access to legal counsel and irregular execution of warrants.
The court agreed, finding that authorities acted prematurely and failed to observe procedural safeguards. Justice Mwamuye noted that reliance on post-factual evidence, public dissemination of unverified allegations, and denial of legal representation amounted to an abuse of power under Article 157(11) of the Constitution.
To remedy the violations, the court permanently quashed the arrest and detention, barred the use of unlawfully obtained evidence, and prohibited further investigations or prosecution related to the case.
“A declaration be and is hereby issued that the institution and continuation of criminal proceedings in the Milimani Anti-Corruption Case of 2025 is an abuse of process, unlawful, and unconstitutional,” the judge stated.
The court also upheld earlier conservatory orders that had shielded the governor during the proceedings.
In addition to clearing him of the charges, the High Court awarded Natembeya Sh2.5 million in general damages for humiliation, distress, and reputational harm. The sum will accrue interest at court rates until payment in full, and the respondents were directed to bear the legal costs.
