Win for Governor Natembeya as court bars his prosecution over graft
By Zipporah Ngwatu, March 4, 2026A Nairobi High Court has barred the arrest and prosecution of Trans Nzoia Governor George Natembeya over graft charges in the Milimani Anti-Corruption Case No. E024-2025.
In a judgment delivered on Wednesday, March 4, 2026, Justice Bahati Mwamuye has declared that the institution and continuation of criminal proceedings against the county boss are unlawful and unconstitutional.
Judge Mwamuye has stated that the graft allegations against Natembeya fail to establish a prima facie case of corruption.
The judge avers that allowing Natembeya’s prosecution to continue would constitute an abuse of the court’s process and risk weaponising the criminal justice system for purposes it was never intended to serve.
The court has permanently blocked the Ethics and Anti-Corruption Commission (EACC) and the Directorate of Public Prosecutions (DPP) from proceeding with trying the county chief in the said file.
“The interim conservatory orders issued by this court on June 5, 2025, are restraining the respondents (EACC and DPP) from taking any further steps in Milimani Anti-Corruption Case No. E024-2025 or acting in any manner inconsistent with the constitutional rights of the petitioner (Natembeya) and are hereby confirmed to be permanent,” Justice Mwamuye ruled.
“An order of prohibition be and is hereby issued prohibiting the first, second, and third respondents from investigating, recommending the prosecution, or commencing or continuing any prosecution of the petitioner on account of the same facts or any facts arising from or related to the subject matter of Milimani Anti-Corruption Case No. E024-2025,” Judge Mwamuye ordered.
The judge has also stated that the arrest, detention and denial of access to legal counsel for Natembeya on May 19, 2025, violated his fundamental rights and freedoms under Articles 49(1)(a) and (c) of the Constitution.
Notably, the court has declared that the evidence underpinning the intended prosecution of Natembeya in Nairobi Chief Magistrate’s Court Anti-Corruption Criminal Case E024-2025, particularly the M-PESA statements, was obtained in a manner that violated his right to privacy.
Judge Mwamuye states that the use of such evidence in his prosecution as evidence would render his trial unfair and be detrimental to the administration of justice contrary to Article 50 (4) of the Constitution.
“An order is hereby issued to bring into this court and quash the charge sheet dated May 20, 2025, and all subsequent proceedings in Milimani Anti-Corruption Case No. E024-2025,” Judge Mwamuye ruled.