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DPP appeals High Court ruling acquitting Governor Natembeya

The appeal follows a judgment delivered on March 4, 2026, by Justice Bahati Mwamuye, which barred the Office of the Director of Public Prosecutions (ODPP), the Directorate of Criminal Investigations (DCI), and the Ethics and Anti-Corruption Commission (EACC) from investigating, recommending prosecution, or initiating any criminal proceedings against the county boss.

The Director of Public Prosecutions (DPP) has filed a Notice of Appeal against a High Court ruling that acquitted Trans Nzoia County Governor George Natembeya, over allegations of unlawful acquisition of public funds and conflict of interest.


The appeal follows a judgment delivered on March 4, 2026, by Justice Bahati Mwamuye, which barred the Office of the Director of Public Prosecutions (ODPP), the Directorate of Criminal Investigations (DCI), and the Ethics and Anti-Corruption Commission (EACC) from investigating, recommending prosecution, or initiating any criminal proceedings against the county boss.


The court awarded Governor Natembeya general damages of Sh2.5 million, plus interest at court rates from the date of judgment until payment in full.


The DPP had initially charged Governor Natembeya with unlawful acquisition of public property amounting to Sh3,252,568.


The allegations arose from payments made by the Trans Nzoia County Government to companies linked to the governor.


Natembeya was accused of unlawfully acquiring the funds through transactions involving Lyma Agro Science Limited, Maira Stores, and Easterly Winds Limited between January 1, 2023 and April 30, 2025, in circumstances said to constitute a conflict of interest.


According to court documents, Natembeya allegedly gained an indirect pecuniary interest of Sh1,127,900 from Mercy Chelangat, the Director of Lyma Agro Science Limited and proprietor of Maira Stores, which conducted business with the county government.


He is also accused of acquiring an indirect pecuniary interest of Sh2,124,668 from Emmanuel Wafula Masungo, the beneficial owner of Easterly Winds Limited, another company contracted by the county government.


The governor was further charged with two counts of conflict of interest, contrary to Section 42(3) as read with Section 48 of the Anti-Corruption and Economic Crimes Act.


The High Court’s ruling not only blocked further investigation but also provided him legal relief, effectively protecting him from prosecution on the charges brought forward by the DPP, DCI, and EACC.


In response to the ruling, the DPP has now filed an appeal, signaling the government’s intent to challenge the acquittal and seek a review of the court’s decision.

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