The High Court in Nairobi has nullified the criminal case against Trans Nzoia Governor George Natembeya, citing serious constitutional violations in the manner his arrest and investigations were conducted.
In a ruling delivered at the Milimani Law Courts, Justice Bahati Mwamuye determined that the Ethics and Anti-Corruption Commission (EACC) breached the law by denying the governor access to his legal team during his arrest on May 20, 2025. The judge held that this action infringed on his constitutional right to legal representation and undermined the guarantees of a fair trial.
The court further found that investigators improperly acquired Natembeya’s M-Pesa records. According to the judgment, the procedure used to obtain his financial statements failed to comply with both constitutional requirements and statutory provisions governing access to private financial information.
Justice Mwamuye also ruled that initiating the anti-corruption prosecution under those circumstances amounted to an abuse of the judicial process. As a result, the court prohibited both the EACC and the Office of the Director of Public Prosecutions (ODPP) from pursuing the case based on the same facts.
Consequently, all charges against the governor were quashed, bringing the criminal proceedings to a close.
In addition, the court awarded Natembeya Sh2.5 million in general damages, finding that his constitutional rights had been violated during the arrest and investigative process.