Director of Public Prosecutions Appeals Acquittal of Trans Nzoia Governor George Natembeya

The Office of the Director of Public Prosecutions has filed a Notice of Appeal challenging a High Court decision that acquitted Trans Nzoia Governor George Natembeya in a case involving the alleged graft. The appeal follows a judgment delivered on March 4, 2026, by Justice Bahati Mwamuye, which barred the Office of the Director of Public Prosecutions, the Directorate of Criminal Investigations, and the Ethics and Anti-Corruption Commission from investigating, recommending prosecution, or initiating criminal proceedings against the governor over the matter. In the ruling, the court also awarded the governor general Sh2.5 million in damages, plus interest at court rates from the date of judgment until payment in full. The governor had earlier been arrested and arraigned at the Milimani Anti-Corruption Court on charges of alleged financial irregularities, including transactions that, according to his own records, were lawful per diems. The charges came after what the court noted was a public announcement of a Sh1.4 billion loss, which 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.