The High Court in Nairobi on Thursday halted the prosecution of Trans Nzoia Governor George Natembeya over alleged corruption pending determination of his petition challenging decision of the State to charge him.
Justice Bahati Mwamuye suspended the criminal trial following an application by Mr Natembeya, who is contending veracity of the trial initiated by the Director of Public Prosecutions (DPP) last month following investigations by the Ethics and Anti-Corruption Commission (EACC) related to alleged financial malpractices.
In the petition, Mr Natembeya wants the High Court to examine the DPP's decision-to-charge policy vis-a-vis handling of his case and the exercise of prosecutorial powers to institute criminal proceedings.
The judge halted the case pending the hearing and determination of Mr Natembeya's petition against decision of the DPP. He was charged with unlawful acquisition of Sh3.2 million public funds, among other accusations, which he denied.
He argues that the criminal proceedings are unfair and that the same were initiated in error, in bad faith and contrary to the guiding principles.
The petition is challenging the decision of the DPP to charge Mr Natembeya on the basis that it was an abuse of power and in breach of the DPP's obligations under articles 157(6) and 157(11) of the Constitution which guide the decision to charge.
Governor Natembeya fights back, denies four graft charges
He says his grievances against the DPP are genuine, legitimate and deserving of the High Court intervention adding that his Constitutional rights were violated.
He wants the court to declare that the decision to charge him violated Article 157(11) of the Constitution and quash the trial.
The petition is scheduled to be mentioned on June 30, 2025, to confirm if DPP, together with the Directorate of Criminal Investigations (DCI), has filed their responses.
Trans Nzoia Governor George Natembeya at the Milimani Anti-Corruption Court on May 20, 2025.
Photo credit: Billy Ogada | Nation
According to the prosecution, the funds were channeled through Mr Emmanuel Wafula Masungo, the county's chief finance officer and who was also a close confidant of the governor.
In the first count, Mr Natembeya was accused of conflict of interest contrary to the Anti-Corruption and Economic Crimes Act.
The charge stated that he received Sh1.1 million from businesswoman Mercy Chelangat, the director of Lyma Agro Science Ltd and the proprietor of Maira Stores, a company that was trading with the Trans Nzoia County Government.
The prosecution alleged that he received the money between January 1, 2023, and April 30, 2025.
The second count stated that he received Sh2.1 million, during the same period, from Mr Masungo, who is the beneficial owner of Easterly Winds Ltd, which traded with the county government. According to the charge sheet, he knowingly acquired an indirect pecuniary interest from Mr Masungo.
The third count alleged that Mr Natembeya acquired Sh3.2 million as part of the payments made to Lyma Agro Science Ltd, Maira Stores and Easterly Ltd in conflict with public interest.
Trans Nzoia Governor George Natembeya at the Milimani Anti-Corruption Court on May 20, 2025.
Photo credit: Billy Ogada | Nation
According to the EACC, Mr Masungo would receive the money from the trader and eventually channel it to the Governor through M-Pesa.
When the case was called for mention on Wednesday this week, the trial magistrate directed prosecutors to furnish the defense lawyers with all evidence they intend to rely on in the case.
The trial magistrate fixed the case for mention on June 16, 2025, to confirm service of the evidentiary materials.
