By Andrew Kariuki
The High Court in Nairobi has quashed criminal charges that had been brought against Trans Nzoia Governor George Natembeya, finding that investigators violated his constitutional rights during his arrest and investigations.
In a judgment delivered at the Milimani Law Courts, Justice Bahati Mwamuye ruled that the actions of the Ethics and Anti-Corruption Commission (EACC) during Natembeya’s arrest on May 20, 2025 were unconstitutional.
The judge found that investigators unlawfully denied the governor access to his lawyers at the time of his arrest, an action that the court said violated his constitutional rights, including the right to legal representation and the guarantee of a fair trial.
Justice Mwamuye also faulted the manner in which investigators obtained Natembeya’s M-Pesa statements, ruling that the process used to access his financial records was illegal and did not comply with the constitutional and statutory requirements governing such investigations.
The court further held that the decision to institute the anti-corruption criminal proceedings against the governor amounted to an abuse of the court process.
As a result, the judge barred both the Ethics and Anti-Corruption Commission (EACC) and the Office of the Director of Public Prosecutions (ODPP) from continuing with the prosecution of the case based on the same set of facts.
The ruling effectively brought the criminal proceedings against the governor to an end after the court formally quashed the charges.
In addition, the court awarded Sh2.5 million in general damages to Natembeya for the violation of his constitutional rights during the arrest and investigation process.
The judgment marks a significant development in the case, with the court emphasizing the need for investigative agencies to strictly adhere to constitutional safeguards when conducting criminal investigations.
