The High Court in Nairobi has dismissed criminal charges that had been filed against Trans Nzoia Governor George Natembeya, citing constitutional violations during his arrest and subsequent investigations. In a ruling delivered at the Milimani Law Courts, Justice Bahati Mwamuye found that investigators acted unlawfully in their handling of the case.
Court Finds Violation of Constitutional Rights
The judge faulted the Ethics and Anti-Corruption Commission (EACC) for denying the governor access to his legal team at the time of his arrest on May 20, 2025. According to the court, the move infringed on his constitutional right to legal representation and undermined the guarantees of a fair trial. Justice Mwamuye emphasised that access to counsel is a fundamental right that must be upheld at every stage of the criminal justice process.
Irregular Access to Financial Records
The court also took issue with the manner in which investigators obtained the governor’s M-Pesa statements. It ruled that the process used to access his financial records did not comply with constitutional and statutory requirements, terming it illegal and procedurally flawed. As a result, the evidence gathered through that process was found to be improperly obtained.
Prosecution Termed Abuse of Court Process
In a further blow to the prosecution, the judge declared that instituting the anti-corruption case under the circumstances amounted to an abuse of the court process. The court barred both the EACC and the Office of the Director of Public Prosecutions (ODPP) from pursuing the case against Natembeya based on the same facts. The criminal charges were consequently quashed, bringing the proceedings to an end.
Compensation Awarded
In addition to dismissing the case, the court awarded Governor Natembeya Sh2.5 million in general damages for violation of his constitutional rights. The ruling marks a significant development in the legal battle and underscores the judiciary’s stance on upholding due process and constitutional protections.
That’s a really important ruling regarding due process. It’s good to see the courts standing up for the governor’s rights.