High Court quashes charges against Natembeya, faults EACC over arrest
Trans Nzoia Governor George Natembeya appears in court to answer to graft charges on May 20, 2025. PHOTO | COURTESY | ODPP
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The High Court in Nairobi has quashed criminal charges against Trans Nzoia Governor George Natembeya, faulting investigators for what it termed as unconstitutional actions during his arrest and investigations.
In a judgment delivered at the Milimani Law Courts, Justice Bahati Mwamuye found that the Ethics and Anti-Corruption Commission (EACC) acted unlawfully by denying Natembeya access to his lawyers at the time of his arrest on May 20, 2025, saying the move violated his constitutional right to legal representation and fair trial guarantees.
The court also ruled that the manner in which investigators obtained the governor’s M-Pesa statements was illegal and procedurally irregular, holding that the process used to access his financial records did not meet constitutional and statutory standards.
Justice Mwamuye further held that the institution of the anti-corruption criminal case against Natembeya amounted to an abuse of the court process, and barred both the EACC and the Office of the Director of Public Prosecutions (ODPP) from continuing with the prosecution based on the same set of facts.
The charges were subsequently quashed, effectively bringing the criminal proceedings to an end.
The court also awarded Natembeya Sh2.5 million in general damages for infringement of his constitutional rights.
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