The George Natembeya has successfully had criminal charges against him dismissed by the High Court of Nairobi, after a ruling found that investigators violated his constitutional rights during his arrest and subsequent investigations.
Court Findings
Delivering the judgment at Milimani Law Courts, Justice Bahati Mwamuye ruled that the Ethics and Anti-Corruption Commission (EACC) acted unlawfully by denying Natembeya access to his lawyers at the time of his arrest on 20 May 2025, contravening his constitutional rights to legal representation and a fair trial.
The court also found that investigators had illegally obtained the governor’s M-Pesa statements, describing the process as procedurally irregular and not compliant with constitutional or statutory requirements.
Abuse of Court Process
Justice Mwamuye further held that the initiation of the anti-corruption case amounted to an abuse of court process. The ruling barred both the EACC and the Office of the Director of Public Prosecutions (ODPP) from pursuing prosecution based on the same facts.
As a result, all charges against Natembeya were quashed, effectively ending the criminal proceedings.
Compensation for Rights Violation
In addition to quashing the charges, the court awarded Sh2.5 million in general damages to Natembeya for the infringement of his constitutional rights, reinforcing the judiciary’s stance on protecting due process and legal guarantees.
