By Bramuel Wanzala
The High Court has struck out all corruption charges against Trans Nzoia Governor George Natembeya, ruling that his arrest and prosecution were unlawful and in violation of his constitutional rights.
In a judgment delivered on Wednesday, Justice Bahati Mwamuye determined that the decision to prosecute the governor lacked a sound legal basis and was tainted by procedural improprieties.
“Viewed in totality, the decision to charge the petitioner lacked a proper foundation,” the judge stated.
Natembeya had been arrested and presented before the Milimani Anti-Corruption Court in 2025 over alleged financial misconduct, including transactions investigators questioned. The governor, however, maintained that the payments cited were legitimate per diem allowances duly recorded in official documents.
The court observed that the prosecution followed a widely publicised announcement alleging a Sh1.4 billion loss. Justice Mwamuye described the claims as sensationalised, noting they may have influenced the fairness and objectivity of the investigative process.
In his petition, Natembeya challenged the legality of his arrest, detention, and the manner in which evidence was obtained, arguing that his constitutional rights were infringed. He pointed to denial of access to legal counsel and irregular execution of search warrants among the violations.
The High Court concurred, finding that the prosecution engaged in premature charging, relied on evidence obtained after the fact, and publicised unverified allegations. Justice Mwamuye termed the actions an abuse of power and evidence of malice contrary to Article 157(11) of the Constitution.
Consequently, the court quashed the arrest and all criminal proceedings in the 2025 anti-corruption case, prohibited the use of unlawfully obtained evidence, and barred any further investigations or prosecution related to the matter.
The judge further declared the institution and continuation of the criminal case unconstitutional and an abuse of the legal process, while affirming earlier conservatory orders granted in the governor’s favour.
Natembeya was also awarded Sh 2.5 million in general damages for the violation of his rights, including humiliation, emotional suffering, and reputation damage.
