Court Quashes Corruption Case Against Governor Natembeya, Citing Unlawful EACC Tactics

In a significant legal victory for Trans Nzoia Governor George Natembeya, Justice Bahati Mwamuye has ruled that the Ethics and Anti-Corruption Commission (EACC) employed unlawful tactics during the high-profile investigation into the alleged embezzlement of KSh 1.4 billion. The court found that EACC officers violated the Governor’s fundamental rights by denying him access to his advocates during his arrest on May 20, 2025. Furthermore, the judge faulted the investigative process as “unlawful and irregular,” specifically citing the improper manner in which detectives obtained the Governor’s mobile money statements without following due legal procedures.

The ruling has effectively dismantled the state’s case, as Justice Mwamuye issued a permanent prohibition preventing both the EACC and the Director of Public Prosecutions (DPP) from pursuing charges against Natembeya based on the facts of this specific anti-corruption inquiry. This decision follows a year-long legal battle that began shortly after the Governor petitioned the court in June 2025 to challenge the legitimacy of the charges, which at the time had led to a temporary suspension of the proceedings.

The investigation into the Governor’s administration centered on three major county projects: the rehabilitation of Kenyatta Stadium, the construction of new county offices, and the upgrading of Tom Mboya Hospital. Following these probes, the ODPP had initially approved charges ranging from conflict of interest to abuse of office. This led to a dramatic and chaotic sequence of events on May 19, 2025, when EACC detectives raided Natembeya’s residence in Kitale. The operation turned violent as supporters clashed with authorities, resulting in the vandalism of five government vehicles before the Governor was eventually taken into custody in Nairobi.

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Despite the gravity of the KSh 1.4 billion allegations, the court’s latest intervention underscores the necessity of constitutional adherence during criminal investigations. Governor Natembeya, who was recently seen appearing before the Senate CPAC committee on January 29, 2026, to discuss county operations, has maintained his innocence throughout the ordeal. With the prosecution now barred from proceeding, the ruling serves as a stern rebuke of the investigative methods adopted by the EACC in this instance, marking a major turning point in one of the most contentious graft cases of the year.