The High Court has cleared the way for the corruption trial of Trans Nzoia Governor George Natembeya to proceed after dismissing a petition that sought to suspend the case. The decision follows a formal withdrawal of the petition that had initially halted proceedings at the Milimani Anti-Corruption Court.
The case was withdrawn after none of the involved parties appeared for a scheduled session, prompting Justice Lawrence Mugambi to officially close the file. A written notice of withdrawal, dated May 23, 2025, was found in the case documents, and the court gave effect to it, marking the matter as withdrawn.
Governor Natembeya had filed the petition on May 20, 2025, through his legal team, seeking orders to block the Ethics and Anti-Corruption Commission (EACC) and the Directorate of Criminal Investigations (DCI) from arresting or charging him. The petition centered on alleged irregularities in the award of tenders for major county projects, including the rehabilitation of Kenyatta Stadium, construction of county headquarters, and development of Tom Mboya Hospital.
On June 5, 2025, Justice Bahati Mwamuye had issued interim conservatory orders halting the criminal trial pending a full hearing and determination of the petition. The court also instructed the governor to serve EACC and DCI with relevant documents and file proof of service.
The petition argued that Governor Natembeya had been unlawfully arrested on May 19, 2025, and detained at the Integrity Centre without notice. It also claimed that searches conducted at his residence and county offices were done without a warrant. His legal team contended that he was not the accounting officer of the county and therefore had no direct control over procurement decisions, making the prosecution an infringement of his constitutional rights.
Natembeya pleaded not guilty to the graft charges during his arraignment on May 20, 2025. The court granted him a Ksh1 million bond or an alternative Ksh500,000 cash bail with conditions, including staying away from his office for 60 days and avoiding contact with witnesses.
With the High Court now closing the petition, the Anti-Corruption Court has the mandate to resume the trial. The case had been paused on June 16, 2025, pending the High Court’s direction. It is now scheduled for mention on July 30, 2025, for updates, though the governor has been excused from attending in person.
