The High Court at Milimani has awarded George Natembeya Ksh2.5 million in general damages after finding that his arrest and prosecution by the Ethics and Anti-Corruption Commission (EACC) and the Office of the Director of Public Prosecutions (ODPP) violated his constitutional rights.
In a landmark judgment delivered by Bahati Mwamuye, the court ruled that the governor’s arrest on May 20, 2025, and subsequent prosecution over alleged embezzlement of Ksh1.4 billion in county projects were marred by illegal and irregular procedures.
Justice Mwamuye found that EACC officers unlawfully denied Natembeya access to his advocates at the time of his arrest, terming the move a violation of his constitutional right to legal representation and fair trial guarantees.
“The refusal to allow the petitioner access to counsel was unconstitutional and unlawful,” the judge ruled, emphasizing that access to legal representation is a non-derogable right under Kenya’s Constitution.
The court also faulted investigators for the manner in which they obtained the governor’s M-Pesa statements, holding that the process used to access his financial records did not meet constitutional and statutory standards.
Justice Mwamuye described the acquisition of the mobile money statements as “illegal and procedurally irregular,” further compounding the violation of rights.
The anti-corruption charges stemmed from investigations into three Trans Nzoia County projects, including the rehabilitation of Kenyatta Stadium, construction of new county offices, and upgrades at Tom Mboya Hospital.
The ODPP had approved charges on grounds of conflict of interest, abuse of office, and financial impropriety, leading to Natembeya’s arrest following a raid at his Kitale residence.
However, the court ruled that the institution of the criminal case amounted to an abuse of the court process. Consequently, all charges were quashed, and both the EACC and ODPP were barred from pursuing the matter further based on the same facts.
In addition to awarding Ksh2.5 million in damages, the court ordered the two agencies to bear the costs of the petition with interest.
The ruling not only brings the high-profile graft case to an abrupt end but also sets a strong precedent on procedural integrity in anti-corruption investigations.
Legal analysts say the judgment reinforces the principle that oversight agencies must operate strictly within constitutional boundaries, even when dealing with public officials.
For Governor Natembeya, the decision represents both legal vindication and judicial affirmation that constitutional safeguards apply equally to all citizens.
