Trans Nzoia Governor George Natembeya has secured a temporary reprieve in his ongoing corruption case after the High Court in Nairobi issued orders suspending criminal proceedings against him.
The court’s decision follows a petition filed by the governor challenging the legality of his intended prosecution.
The conservatory orders were issued on Thursday, June 5, 2025, by Justice Bahati Mwamuye, who directed that proceedings in the Milimani Anti-Corruption Case No. E024 of 2025 be stayed pending the hearing and determination of the constitutional petition filed by Natembeya.
The governor moved to court on May 20, 2025, seeking to stop his prosecution over alleged irregularities in the award of county tenders to three construction companies: Parbat Siyan Construction Limited, C.M. Construction Company Limited, and Session Blue Contractors Limited.
The tenders in question involve the rehabilitation of Kenyatta Stadium, the construction of Trans Nzoia County headquarters, and the establishment of Tom Mboya Hospital.
In his petition, Natembeya argued that the investigations and subsequent decision to charge him were politically motivated and lacked legal basis.
He contended that as governor, he is not the county’s accounting officer and does not directly oversee procurement or financial matters, asserting that holding him criminally liable for actions taken by other county officials would be both unlawful and a misapplication of criminal law.
The petition further alleged that the Ethics and Anti-Corruption Commission (EACC) and Directorate of Criminal Investigations (DCI) had acted in bad faith by arresting him without prior notice and conducting searches at his residence and office without valid court orders.
He was detained overnight at the EACC’s Integrity Centre before being arraigned in court the following day.
The governor, who leads the Tawe Movementa political platform that has often positioned itself in opposition to the national government claimed that the arrest and intended prosecution were aimed at tarnishing his reputation and derailing his political agenda.
According to him, the move constituted a form of political persecution disguised as a criminal process.
The petition listed numerous constitutional violations, including infringement of his rights to freedom of movement, dignity, fair trial, and equal protection under the law.
It also questioned the legitimacy of using criminal proceedings to target a sitting governor over procurement decisions he allegedly had no control over.
Justice Mwamuye directed that the court order be immediately served to both the EACC and the DCI and required an affidavit of service to be filed by close of business on June 9, 2025.
He further instructed the two state agencies to enter appearance and file their respective responses to the petition and application by June 27, 2025.
In a previous appearance before the Milimani Anti-Corruption Court, Governor Natembeya denied the charges brought against him and was released on a Ksh1 million bond with one surety, or an alternative cash bail of Ksh500,000 with two contact persons.
Chief Magistrate Charles Ondieki also barred him from accessing his county offices for 60 days and instructed him not to interfere with witnesses involved in the case.
The petition emphasized that no public funds were lost in the procurement processes under investigation, suggesting that the case lacked sufficient merit to warrant criminal prosecution.
It also pointed out the absence of individual culpability in a public procurement context, reiterating that criminal law does not recognize the principle of collective responsibility in such matters.
Further, the governor’s legal team warned that continuing with the case would not only cause irreparable harm to his political career and personal reputation but would also send a chilling message about the misuse of state power to settle political scores.
The petitioners insisted that without the court’s intervention, the process would result in grave injustices and a violation of the constitutional rights guaranteed under the Bill of Rights.
The case is expected to be mentioned on June 30, 2025, for compliance confirmation and to set further directions on the expedited hearing of the petition.
