High Court Criticizes EACC in Natembeya Arrest Case, Orders Ksh2.5 Million Compensation
The High Court in Milimani has sided with Trans Nzoia Governor George Natembeya in a significant ruling, declaring his arrest and prosecution by the Ethics and Anti-Corruption Commission (EACC) and the Office of the Director of Public Prosecutions (ODPP) unlawful.
Justice Bahati Mwamuye determined that the authorities violated the governor's constitutional rights during the process, particularly by denying him access to his lawyers immediately after his arrest on May 20, 2025. The court also criticized the irregular methods used to obtain his mobile money (M-Pesa) statements, labeling the investigative procedures as flawed and unconstitutional.
The case stemmed from allegations that Natembeya was involved in the misappropriation of approximately Ksh1.4 billion linked to county projects, including the rehabilitation of Kenyatta Stadium, construction of new county offices, and upgrades to Tom Mboya Hospital. Following a dramatic raid on his Kitale residence in May 2025—which sparked clashes with supporters and damage to vehicles—charges of conflict of interest, financial misconduct, and abuse of office were filed. However, the court found that pursuing these charges constituted an abuse of the legal process and permanently barred the EACC and ODPP from continuing the prosecution on the same grounds.
As a result of the rights infringements, the judge awarded Governor Natembeya Ksh2.5 million in general damages, to be paid by the EACC and ODPP, along with the costs of the petition plus interest. The ruling effectively ends the criminal proceedings against him based on the disputed facts and highlights concerns over procedural fairness in anti-corruption investigations.
