High Court faults EACC over Natembeya arrest, awards him Ksh2.5M damages
High Court faults EACC over Natembeya arrest, awards him Ksh2.5M damages
The government will pay Trans Nzoia Governor George Natembeya Ksh2.5 million in damages after the High Court ruled in his favour following his arrest and prosecution by the Ethics and Anti-Corruption Commission (EACC) and the Office of the Director of Public Prosecutions (ODPP).
The Milimani court awarded Natembeya the millions after it found the arrest and subsequent prosecution were in violation of his constitutional rights.
Justice Bahati Mwamuye ruled that the refusal by EACC officers to allow Governor Natembeya access to his advocates at the time of his arrest on May 20, 2025, was unlawful.
The court also found that the manner in which the EACC obtained the governor’s mobile money statements was unlawful and irregular, faulting the investigative process adopted in the case.
Following the ruling, the judge also prohibited both the EACC and the DPP from continuing with the prosecution of the governor based on the same facts underpinning the anti-corruption case.
The ruling followed an earlier temporary suspension of the charges by the court in June 2025 after Natembeya petitioned the court, challenging the legitimacy of the charges.
EACC pursued graft-related charges against the governor as part of investigations into alleged embezzlement of Ksh1.4 billion.
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The anti-corruption commission investigated three county projects that included the rehabilitation of Kenyatta Stadium, the construction of new county offices and the rehabilitation and enhancement of the Tom Mboya Hospital.
Following successful investigations, the ODPP approved charges against Natembeya on grounds of conflict of interest, financial impropriety, and abuse of office.
The approval led to his arrest on May 19, 2025, in Nairobi after EACC detectives raided Natembeya’s residence in Kitale.
The raid in Kitale turned chaotic as detectives clashed with the governor’s supporters, leading to vandalism of at least five government vehicles.
In the ruling, the court ordered EACC and DPP to pay the costs of the petition, together with interest.
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