The High Court in Nairobi has awarded Trans Nzoia Governor George Natembeya Sh2.5 million in compensation after ruling that his arrest and prosecution in May 2025 were unconstitutional and marred by procedural irregularities.
Delivering the judgment on Wednesday, Justice Bahati Mwamuye found that officers from the Ethics and Anti‑Corruption Commission (EACC) and prosecutors from the Directorate of Public Prosecutions (DPP) violated the governor’s constitutional rights when they arrested and charged him in connection with alleged corruption linked to county projects.
The ruling quashed all charges against Natembeya, with the court noting that several key constitutional protections were breached during the investigative process. Among the findings, Justice Mwamuye ruled that:
Natembeya was unlawfully denied access to his legal counsel at the time of his arrest on May 20, 2025, a move the court described as a violation of his right to legal representation.
The manner in which investigators obtained the governor’s M‑Pesa transaction statements was illegal and procedurally irregular, rendering key evidence inadmissible.
The High Court also declared that the prosecution of Natembeya amounted to an abuse of the court process and permanently barred both the EACC and the DPP from pursuing the same case based on the original facts.
Natembeya’s legal challenge stemmed from a high‑profile graft investigation related to alleged misappropriation of approximately KSh1.4 billion in county funds, which had triggered his arrest and arraignment in 2025.
In addition to quashing the charges, the court ordered the EACC and the DPP to pay damages to the governor for the infringement of his rights, including the humiliation and reputational harm suffered as a result of the disputed arrest and prosecution.
The compensation awarded will attract interest until fully paid, and the agencies were also directed to cover court costs.
