Natembeya Cleared Of All Corruption Charges
News Updated: 04 March 2026 13:41 EAT
EACC and DPP to pay Governor Natembeya Kes.2,500,000 as general damages for infringing of his constitutional rights
The High Court in Nairobi has cleared Trans Nzoia Governor George Natembeya of all corruption charges, ruling that his arrest, prosecution, and the criminal case against him were unlawful and in violation of his constitutional rights. Justice Bahati Mwamuye delivered the ruling on March 4, finding that the decision to charge Natembeya lacked a proper legal foundation and amounted to an abuse of the judicial process.
Natembeya was originally arrested in May 2025 by the Ethics and Anti‑Corruption Commission (EACC) amid allegations of embezzlement and irregular financial dealings involving county funds totalling about KSh 1.4 billion. He was taken into custody from his residence and arraigned at Milimani Anti‑Corruption Court, where he was released on bail with conditions including a temporary ban from accessing his county offices.
In challenging the prosecution, the governor argued that his arrest and the collection of evidence breached his rights under the Constitution. The High Court agreed, noting several procedural irregularities, including denial of access to legal counsel and reliance on questionable evidence, which undermined the fairness of the process.
Justice Mwamuye ruled that the actions of investigators and prosecutors reflected a clear abuse of power, pointing out that the charges stemmed from a sensationalised public announcement of alleged financial loss rather than a sound legal basis for prosecution.
The court permanently quashed the arrest and detention, prohibited the use of unlawfully obtained evidence, and barred any further investigations or prosecution related to the case. It declared that continuing with the criminal proceedings would be unlawful and unconstitutional.
As part of the remedy for the rights violations, the High Court awarded Natembeya KSh 2.5 million in general damages. The judge highlighted the importance of upholding constitutional protections and due process in criminal investigations and prosecutions.
Legal analysts say the ruling underscores the judiciary’s role in safeguarding individual rights against procedural overreach by enforcement agencies, particularly in high‑profile cases involving public officials.
The quashing of the charges may strengthen Natembeya’s position politically and legally, as he faces other ongoing legal and administrative challenges, including contempt proceedings related to the reinstatement of sacked county officials.
Government and anti‑corruption officials have not yet publicly outlined next steps following the High Court’s decision, but the judgment signals a significant legal setback for the agencies that pursued the case.
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FELIX MAKONA
FACT FINDER AND DATA DRIVEN JOURNALIST. DATA MINING AT IT'S BEST. GET FACTS RANGING FROM MATTERS DISABILITY AND INCLUSION, POLITICS, ECONOMY, SPORTS AND GENERAL NEWS AROUND THE WORLD