Natembeya’s Legal Victory Under Threat as DPP Moves to Appeal

Natembeya’s Legal Victory Under Threat as DPP Moves to Appeal

The Office of the Director of Public Prosecutions (ODPP) has filed a formal notice of appeal seeking to overturn a High Court ruling that barred criminal investigations and proceedings against George Natembeya over alleged corruption and conflict of interest.

The move places the governor’s recent legal victory in jeopardy and sets the stage for a renewed legal battle involving key state investigative agencies.

Earlier this month, Justice Bahati Mwamuye ruled in favour of Natembeya, effectively halting efforts by the ODPP, the Directorate of Criminal Investigations (DCI), and the Ethics and Anti-Corruption Commission (EACC) to pursue the case. The court also awarded the governor KSh2.5 million in general damages.

The prosecution now argues that the decision improperly shielded the county chief from accountability and should be reviewed by the appellate court.

Allegations of Financial Impropriety

Natembeya had been accused of unlawfully acquiring public funds amounting to KSh3,252,568 through transactions involving companies that conducted business with the Trans Nzoia County government.

“It is alleged that between the 1st of January 2023 and 30th April 2025, Governor Natembeya unlawfully acquired the funds through transactions involving Lyma Agro Science Limited, Maira Stores, and Easterly Winds Limited in circumstances that constituted a conflict of interest,” the DPP stated.

Prosecutors claimed that the governor indirectly benefited from public contracts awarded to the companies, contrary to anti-corruption laws that prohibit public officials from engaging in business dealings that present personal gain.

The ODPP further alleged that Natembeya received KSh1,127,900 through transactions linked to Mercy Chelangat, a director of Lyma Agro Science Limited and proprietor of Maira Stores.

In addition, investigators claimed he obtained KSh2,124,668 through the beneficial owner of another company that supplied goods or services to the county government.

Conflict of Interest Charges

The governor faced two counts of conflict of interest under Section 42(3) as read with Section 48 of the Anti-Corruption and Economic Crimes Act, legislation designed to curb abuse of public office for private gain.

According to prosecutors, the alleged payments constituted financial benefits obtained in circumstances that compromised the integrity of public procurement processes.

Natembeya has consistently denied wrongdoing, arguing that the investigations were politically motivated and lacked sufficient evidence.

High Court Intervention

In his March 4 ruling, Justice Mwamuye determined that the actions of investigative agencies violated the governor’s rights, effectively blocking them from investigating, recommending prosecution, or initiating charges against him in connection with the case.

Legal analysts say the judgment was unusual in its breadth, as it halted not only prosecution but also preliminary investigative steps.

The award of monetary damages further underscored the court’s finding that Natembeya had suffered harm due to the actions of state agencies.

Appeal Signals Renewed Legal Fight

By lodging an appeal, the ODPP seeks to reinstate the authority of investigative bodies to examine the allegations and, if warranted, pursue criminal charges.

If successful, the appeal could reopen investigations and potentially lead to prosecution, reviving a case that had appeared effectively closed.

Observers note that the outcome will have broader implications for the balance of power between courts and investigative agencies, particularly in high-profile corruption cases involving elected officials.

The case also comes at a time when Kenya continues to grapple with public concerns over accountability and governance at both national and county levels.

For Natembeya, the appeal introduces fresh uncertainty after what had been viewed as a decisive legal win. For prosecutors, it represents an opportunity to test the High Court’s decision before a higher bench and reaffirm their mandate to pursue corruption allegations.

As the appellate process begins, attention will focus on whether the court will uphold the earlier ruling or allow investigators to resume their inquiry into the governor’s financial dealings.

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Natembeya’s Legal Victory Under Threat as DPP Moves to Appeal