Court quashes graft charges against Natembeya, awards him Sh2.5m in damages

The High Court has quashed all criminal charges against Trans Nzoia Governor George Natembeya, ruling that his arrest and prosecution over alleged graft were unlawful and violated his constitutional rights.

In its ruling delivered on Wednesday, the court also awarded Natembeya Sh2.5 million in general damages for the violation of his rights.

Justice Bahati Mwamuye held that the decision to charge him lacked a proper legal foundation.

"The decision to charge the petitioner (Natembeya) when viewed holistically lacked a proper foundation," he said.

The governor had earlier been arrested and arraigned at Milimani anti-corruption court over alleged financial irregularities, including transactions that, according to his own records, were lawful per diems.

The charges came from what the court noted was after a public announcement of a Sh1.4 billion loss, the judge said was sensationalised and contributed to a process “driven by factors unrelated to the fair and impartial administration of justice.”

During the proceedings, Natembeya moved to the High Court challenging the lawfulness of his arrest, detention, and the collection of evidence, arguing that his constitutional rights had been violated.

The High Court agreed, noting that he had been denied access to legal counsel and subjected to procedural irregularities, including the execution of warrants in a manner that breached due process.

"The respondent's conduct of premature charging, reliance on post-factual evidence, denial of legal representation and publicising unverified allegations constitutes a clear abuse of power and malafides under Article 157(11)," Justice Mwamuye observed.

To remedy the violations, the court permanently quashed the arrest and detention of Natembeya, prohibited the use of unlawfully obtained evidence, and barred further investigations or prosecution of the case.

"A declaration be and is hereby issued that the institution and continuation of criminal proceedings in the Milimani Anti-Corruption Case of 2025 is an abuse of process, is unlawful, and is unconstitutional," he ruled.

The interim conservatory orders that had previously been issued to protect his rights were also confirmed.

In addition to quashing the charges, the court awarded Natembeya Sh2.5 million in general damages to compensate him for the humiliation, distress, and reputational harm he suffered.

The award, which will accrue interest at court rates from the date of judgment until full payment, also covers legal costs, which the court ordered to be borne by the respondents.