Court orders State to pay Natembeya Sh2.5m
The High Court has quashed corruption charges against Trans-Nzoia Governor George Natembeya, stemming from a Sh1.4 billion graft investigation, and awarded him Sh2.5 million in damages for violating his constitutional rights.
In its ruling, the court criticised State investigators, saying M-Pesa statements used as evidence were obtained unlawfully thus infringing on the governor’s right to privacy.
The court further held that the decision to charge Natembeya lacked legal basis and amounted to an abuse of the criminal justice system.
“Allowing the prosecution to continue would constitute an abuse of the court’s process and risk weaponising the criminal justice system for purposes it was never intended to serve, undermining both justice and public confidence in the rule of law,” stated the court.
The case originated from an Ethics and Anti-Corruption Commision (EACC) investigation into alleged irregular procurement and payments within the Trans-Nzoia County Government.
Detectives had accused Natembeya and several county officials of influencing tenders and receiving kickbacks from contractors in projects worth approximately Sh1.4 billion.
Raid and arrest
The probe took a dramatic turn in May 2025 when EACC officers raided Natembeya’s residence in Kitale’s Milimani area, searching for documents linked to the suspected irregularities.
He was later arrested, questioned at EACC headquarters in Nairobi and arraigned at the Milimani Anti-Corruption Court in Nairobi on charges of conflict of interest and unlawful acquisition of public property. He denied the allegations and was released on bond.
In his petition to the High Court, Natembeya argued that investigators violated his rights during the arrest and searches, including denying him immediate access to legal representation. The court agreed, ruling that the investigators’ conduct breached multiple constitutional safeguards.
It subsequently nullified the charge sheet filed on May 20, 2025, and permanently barred the Directorate of Criminal Investigations (DCI) and the Director of Public Prosecutions (DPP) from pursuing the case based on the same evidence.
“The decision to charge the petitioner, when viewed holistically, lacked a proper foundation,” the court said.
The Attorney-General and the DPP opposed the petition, arguing that the arrest, investigations and prosecution were lawful and carried out within their constitutional mandates. They maintained that investigators had gathered sufficient evidence linking the governor to suspected procurement irregularities in Trans-Nzoia County projects and that the charges were properly before the anti-corruption court.
Infringements were systematic and deliberate
However, the court dismissed these arguments, finding that the investigation violated constitutional rights, including privacy and access to legal counsel.
The court found that described the actions of the investigators and prosecutors as systematic and unlawful. The court said that the decision by investigators and prosecutors also amounted to an abuse of the criminal justice system.
“These infringements were systematic and deliberate, reflecting a disregard for the rule of law, natural justice and human dignity,” said the court, awarding the governor Sh2.5 million in general damages, with interest at court rates, and ordered the respondents to pay the full costs of the petition.
“Denial of legal representation and publicising unverified allegations constitutes a clear abuse of power and malafides (bad faith) under Article 157(11). Constitutional rights are the cornerstone of democracy, of democratic governance, and breaches thereof strike at the heart of the nation’s legal and moral order,” stated the court.
Additionally, it found that key evidence, particularly M-Pesa statements, was unlawfully obtained and thus inadmissible. It ruled that the admission of this evidence would render Natembeya’s trial unfair and be detrimental to the administration of justice, contrary to Article 50(4) of the Constitution.
“A sensationalised public announcement of a Sh1.4 billion loss, followed by charges involving sums that contradicted the petitioner’s contemporaneous documentation, reflected a process driven by considerations extraneous to justice,” the court added.
jwangui@ke.nationmedia.com
Shows
See AllAM Live
AM Live is NTV's morning current affairs show that sets the agenda for the day with insightful panels every weekday.
Business Redefined
Business Redefined is Kenya’s premier thought leadership platform for unpacking matters regarding economic and finance policy as well demystifying complex developments in the region’s capital markets.
Comedies
A collection of our premium content. Diam curabitur vehicula A collection of our premium content. Diam curabitur vehicula
Creatives & Coins Podcast
A podcast that dives deep into the vibrant and rapidly evolving digital creative economy in Kenya. This show explores the lives, challenges, and triumphs of individuals who are successfully navigating the gig and creative economies. From digital artists and content creators to freelance writers and tech entrepreneurs, we spotlight the voices that are shaping the future of work in Kenya.
Documentaries
A collection of our premium content. Diam curabitur vehicula A collection of our premium content. Diam curabitur vehicula
Entertainment
A collection of our premium content. Diam curabitur vehicula A collection of our premium content. Diam curabitur vehicula
Fixing The Nation
Fixing the Nation is a bold and groundbreaking show that will take an unflinching look at challenges facing the Kenyan society and the solutions that can move us forward. It is anchored by respected journalists Eric Lattif, Janet Mbugua, and Mariam Bishar. Podcast created by: Nation FM
Fixing the Nation
Fixing the Nation is a bold and groundbreaking show that will take an unflinching look at challenges facing the Kenyan society and the solutions that can move us forward. It is anchored by respected journalists Eric Lattif, Janet Mbugua, and Mariam Bishar
Full Episodes
A collection of our premium content. Diam curabitur vehicula A collection of our premium content. Diam curabitur vehicula
Gumzo La Sato
Gumzo La Sato is a live social issues show that aims to create awareness about issues affecting the larger society. The discussions range from Parenting, Marital bliss and struggles, Oppression, violence, and all matters of the Heart.
Health Diary
Health Diary is a weekly show that highlights different types of diseases/conditions and seeks ways to prevent, treat/manage them. The show debunks this through real life stories and also feature specialists in different fields, to offer medical advice on the same.
Letter To My Younger Self
Letter To My Younger Self is a podcast where guests get to write a letter to their younger self, from which Maxine formulates questions to ask them during the hour-long show.
Nation Reports
Nation Reports is a weekly podcast offers an opportunity for listeners to interact with various reporters and journey with them as they unravel the biggest most emotive stories.
One Health Lens Podcast
Discussing health matters and human stories from Kenya and across Africa. We talk big picture from people to policy, ecosystems, and everything in between. Follow us on LinkedIn: https://www.linkedin.com/company/onehealthlens
Paradise Lost
Paradise Lost peeks through the story of Louis Otieno, the times, and everything in between.
Primetime
A collection of our premium content. Diam curabitur vehicula A collection of our premium content. Diam curabitur vehicula
Speaking of GEN Z
Speaking of Gen Z brings you entertaining but meaningful conversations about a generation that is trying to navigate through adulthood. Join hosts Michelle, Jackie and Esther as they unravel all things Gen Z.
Sport On
Sport-On is a 30-minute sports magazine show on NTV and 3 hours on NATION FM. The show seeks to give the sports “fanatics” and “funatics” comprehensive and in-depth coverage of sports both locally and internationally.
Tech-over
The extent of technological growth is beyond mere acknowledgment; it has seamlessly integrated into our daily existence. A few years ago, the notion of paying electricity bills through mobile money or recharging with 'tokens' in Kenya seemed inconceivable. Online product sales were considered distant, and artificial intelligence is rapidly reshaping various facets of our lives. Amidst these technological leaps, those with a solid understanding of tech can navigate challenges, seize opportunities, and build a sustainable livelihood. Tech over Show aims to be the platform facilitating discussions among thought leaders, innovators, tech companies, and the government, addressing challenges and opportunities in Kenya's thriving tech industry.
Thamani
Thamani is a business show which is dedicated to emerging issues regarding micro, small and medium size businesses.
The Politalk podcast
This is The Politalk podcast. Here we look into the ins and outs of everything Kenyan politics. We pull no punches and have no reason to sugarcoat anything that matters to Kenyans.
The Trend
A two-hour-long live show that airs on Fridays. The show focuses on what is current in the entertainment industry, controversial and popular across all media platforms targeting those aged between 25 and 35 years.
The trend podcast
The trend podcast highlights and captures the best of banter from #TTTT segment that airs every Friday on NTV. It's the TTTT EXTRA
The Wicked Edition
The Wicked Edition with Dr. King’ori seeks to address serious issues through humour and relatable wit. It is a two-part half hour show filmed in front of a live audience
Trending
A collection of our premium content. Diam curabitur vehicula A collection of our premium content. Diam curabitur vehicula
Twende
Twende is a travel show that highlights beautiful, unique, diverse locations, people, and cultures. The show offers fresh perspectives on familiar locations and memorable experiences in new ones.
Unscripted
This Saturday evening lifestyle show lets viewers share their stories and life experiences as openly & honestly for the purpose of shifting the culture of silence.
VIP Access
VIP ACCESS is Anyiko Owoko’s YouTube and podcast show on Music and Culture dedicated to promoting Africa’s most promising talent and creatives. This podcast grants you VIP access into timeless interviews while providing a platform for rising as well as established artists across the continent. Since launching in 2018, Anyiko has interviewed over 70 African music stars.
WADR
This weekly news show aims to have all sides of debate but not be constrained by it, listen to main voices in the contest but not allow them to hold the viewers hostage, entertain debate but allow push back with all due respect.
When death do us part
In this podcast, three widowers openly speak about the process of grief, how they found themselves exposed to the emotional turmoil of losing their wives, and how society still does not know how to deal with them.
Your World
Your World is a health, wellness and variety show. It provides a platform for audiences and experts to share their experiences on how to improve or manage health issues, across Kenya and the Africa region.