In a landmark ruling on Wednesday, the High Court quashed all criminal charges against Trans Nzoia Governor George Natembeya, declaring that his arrest and prosecution over alleged graft were unlawful and violated his constitutional rights.
The court also awarded him Sh2.5 million in general damages for the humiliation, distress, and reputational harm he endured.
Justice Bahati Mwamuye ruled that the decision to charge Natembeya "when viewed holistically lacked a proper foundation."
He noted that the governor had been arrested and arraigned at Milimani anti-corruption court over alleged financial irregularities, including transactions that Natembeya’s own records showed were lawful per diems.
The charges followed public reports of a Sh1.4 billion loss, which the judge said had been sensationalised and contributed to a process “driven by factors unrelated to the fair and impartial administration of justice.”
Natembeya had challenged his arrest, detention, and the collection of evidence in the High Court, arguing that his constitutional rights were violated.
The court agreed, citing that Natembeya had been denied access to legal counsel and subjected to procedural irregularities, including the execution of warrants in a manner that breached 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 said.
To correct these violations, the court permanently quashed Natembeya’s arrest and detention, prohibited the use of evidence obtained unlawfully, and barred any further investigations or prosecution of the case
. "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," the judge ruled.
The interim conservatory orders previously protecting Natembeya’s rights were confirmed. In addition to quashing the charges, the Sh2.5 million awarded will accrue interest at court rates from the date of judgment until full payment, covering legal costs, which the court ordered the respondents to bear.
