Trans Nzoia Governor George Natembeya has scored a major legal victory after the High Court issued temporary orders stopping his ongoing criminal case until a final decision is made on his petition challenging the charges brought against him.
Justice Bahati Mwamuye, who delivered the ruling, ordered that all criminal proceedings against the governor be suspended, giving Natembeya breathing space as the court hears and determines his petition.
The governor is facing allegations related to procurement irregularities and abuse of office, which were brought forward by the Ethics and Anti-Corruption Commission (EACC).
In the petition, Natembeya argues that his constitutional rights were violated in the process leading to his prosecution. As a result, he asked the court to halt the case, claiming it was unfair and legally flawed.
Justice Mwamuye further instructed that the petition, application, and court order be served to all involved parties, including the Directorate of Criminal Investigations (DCI) and the Office of the Director of Public Prosecutions (ODPP), by June 9, 2025, for further directions.
Following the court’s decision, constitutional lawyer Joshua Malidzo told Kenyans.co.ke that the ruling effectively nullifies all previous directives issued by the anti-corruption court—at least temporarily.
This includes the order barring Natembeya from accessing his office, which had initially taken effect after his arraignment.
“This ruling means that the previous decisions made by the anti-corruption court—including the one stopping him from accessing his office—have been set aside until the petition is fully heard and determined,” Malidzo explained.
On May 20, Governor Natembeya was released on a Ksh1 million bond or Ksh500,000 cash bail after he was formally charged with corruption-related offences.
These included two counts of conflict of interest and one count of unlawful acquisition of public property.
At that time, Principal Magistrate Charles Ondieki ordered that the governor stay away from his office for 60 days, citing the need to protect the integrity of the investigation.
Natembeya, a vocal critic of President William Ruto’s Kenya Kwanza administration, was also barred from leaving the country without permission from the court.
Additionally, the magistrate warned him against interfering with witnesses and imposed a strict gag order, prohibiting him from making any public statements or discussing the case in the media or during public engagements.
The High Court’s latest ruling has now paused all these restrictions, offering Natembeya a lifeline as he battles to clear his name. The outcome of his petition will determine whether the case proceeds or is permanently halted.
This development marks a crucial moment in the governor’s legal battle and may have political implications as well, given his strong stance against the current national government.
The ruling also underscores the significance of constitutional safeguards in protecting the rights of accused persons, especially those holding public office.
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