Natembeya Off The Hook As Court Dismisses Graft Case, Orders Ksh2.5M Payment
The High Court has dismissed all criminal charges against Trans Nzoia Governor George Natembeya, concluding that his arrest and prosecution for alleged graft were illegal and infringed upon his fundamental rights.
In its decision on Wednesday, the court awarded Natembeya Sh2.5 million in general damages for the breach of his rights.
Justice Bahati Mwamuye ruled that the decision to accuse him lacked appropriate legal grounding.
“The decision to charge the petitioner (Natembeya) when viewed holistically lacked a proper foundation,” he said.
The governor had already been arrested and charged in Milimani’s anti-corruption court for alleged financial irregularities, including transactions that, according to his own records, were permissible per diems.
Court awards Trans Nzoia Governor Natembeya Sh2m in compensation over May 2025 arrest, Judge Mwamuye finds that EACC, DPP illegally obtained M-Pesa statements to charge him. pic.twitter.com/AnRRvoJyrQ
— The Standard Digital (@StandardKenya) March 4, 2026
The allegations stemmed from what the court described as a public statement of a Sh1.4 billion loss.
The judge stated that the case was sensationalized and contributed to a process “driven by factors unrelated to the fair and impartial administration of justice.”
During the proceedings, Natembeya filed a motion with the High Court disputing the legality of his arrest, imprisonment, and evidence collection, claiming that his constitutional rights were infringed.
The High Court concurred, finding that he had been denied access to legal counsel and exposed to procedural errors, including warrant executions that violated due process.
“The respondent’s conduct of premature charging, reliance on post-factual evidence, denial of legal representation and publicising unverified allegations constitutes a clear abuse of power and malafides under Article 157(11),” Justice Mwamuye observed.
To redress the violations, the court permanently overturned Natembeya’s arrest and incarceration.
It also prohibited the use of unlawfully obtained evidence and barred further investigations or prosecution of the case.
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“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, is unlawful, and is unconstitutional,” he ruled.
The interim conservatory orders that had previously been issued to protect his rights were also confirmed.
In addition to quashing the charges, the court awarded Natembeya Sh2.5 million in general damages to compensate him for the humiliation, distress, and reputational harm he suffered.
The award, which will accrue interest at court rates from the date of judgment until full payment, also covers legal costs, which the court ordered to be borne by the respondents.
Natembeya Off The Hook As Court Dismisses Graft Case, Orders Ksh2.5M Payment
