By Andrew Kariuki
The High Court has deferred delivery of its judgment in a constitutional petition challenging the criminal prosecution of Trans Nzoia Governor George Natembeya, with the ruling now scheduled for February 26, 2026, to be delivered virtually after the court indicated it was not ready.
The petition relates to ongoing anti-corruption proceedings in which Governor Natembeya is charged with conflict of interest and unlawful acquisition of public property.
Earlier, the High Court had temporarily suspended the criminal case after Justice Bahati Mwamuye issued a conservatory order staying the proceedings pending the hearing and determination of the constitutional challenge.
“Pending the inter partes hearing and determination of the petitioner/applicant’s Notice of Motion dated June 5, 2025, a conservatory order be and is hereby issued staying the criminal proceedings in Nairobi, Milimani Chief Magistrate’s Anti-Corruption Case Number E024 of 2025, Republic versus George Natembeya & another,” Justice Mwamuye ruled.
The court directed that the application, petition, and orders be served on the respondents by June 9, with responses to be filed by June 20, and any rejoinder by June 27.
The suspension of the case came amid concerns over delays in the prosecution.
During proceedings before the trial court, State Prosecutor Victor Owiti informed the court that the Ethics and Anti-Corruption Commission (EACC) had not yet obtained key documents required for the case.
According to the prosecution, some of the documents were still held at the Governor’s office, prompting the EACC to write to county officials requesting their release.
The defence, led by lawyer Macharia, faulted the EACC for failing to comply with earlier court orders and contributing to unnecessary delays, noting the public interest surrounding the case.
Milimani Chief Magistrate Zipporah Gachana raised concern over the slow pace of compliance and ordered the prosecution to supply all outstanding documents and witness statements by June 16.
“Those documents and statements ought to have been supplied by now. I therefore direct the prosecution to comply with the earlier orders,” the magistrate ruled.
The High Court is now expected to determine the fate of the suspended proceedings when it delivers its judgment on February 26, 2026.
