The High Court in Nairobi has temporarily suspended the graft trial against Trans Nzoia Governor George Natembeya, granting a conservatory order halting the proceedings at the Milimani Anti-Corruption Court.
Justice Bahati Mwamuye issued the order on Thursday, June 5, stating that the trial will remain on hold pending the hearing and determination of a petition filed by the governor challenging the legality of the case.
“Pending the inter partes hearing and determination of the petitioner’s notice of motion, a conservatory order be and is hereby issued staying the criminal proceedings in Nairobi Milimani Magistrates Anti-Corruption Case Number E024 of 2025,” ruled Justice Mwamuye.
Also Read
The judge also directed that the petition and court documents be served to the Ethics and Anti-Corruption Commission (EACC) and the Directorate of Criminal Investigations (DCI) by close of business on Monday, June 9, 2025. The agencies are expected to respond to the application and petition by June 27, 2025.
Governor Natembeya, through his legal team, filed the petition on May 20, 2025, seeking to block his arrest and prosecution over alleged irregularities in the award of major county tenders.
The petition specifically contests his arrest on May 19, 2025, by EACC officers, who allegedly detained him overnight at the Integrity Centre and conducted searches at his Kitale residence and county offices without obtaining a court warrant.
Natembeya argues that the tenders in question — awarded to Parbat Siyan Construction Ltd for the rehabilitation of Kenyatta Stadium (Phase 1A), C.M.
Construction Ltd for the construction of Trans Nzoia County Headquarters, and Session Blue Contractors Ltd for Tom Mboya Hospital — were issued through a competitive procurement process, which he had no direct role in.
“As a matter of fact and law, the petitioner is not an accounting officer and therefore not in control of procurement and public finance matters at the county. Thus, the intended prosecution violates Article 157 of the Constitution,” reads part of the petition.
Governor Natembeya was arraigned on May 20, where he pleaded not guilty to the graft charges. He was released by the Milimani Anti-Corruption Court on a bond of Ksh1 million with one surety, or a cash bail of Ksh500,000, along with two contact persons.
Anti-Corruption Chief Magistrate Charles Ondieki barred the governor from accessing his office for 60 days and ordered him not to interfere with witnesses during the ongoing investigation.
The matter is scheduled for mention on June 30, 2025, for confirmation of compliance and further directions on the hearing of the petition.