Court throws out graft charges against Natembeya

“The decision to charge the petitioner when viewed holistically lacked a proper foundation,” the judge said.

The governor had been arrested and arraigned at Milimani Anti-Corruption Court over alleged financial irregularities. The charges included transactions that, according to his records, were lawful per diems.

The case followed a public announcement of a KSh1.4 billion loss which the court said was sensationalised. Justice Mwamuye noted that the process appeared driven by factors unrelated to the fair administration of justice.

Natembeya challenged his arrest, detention and the manner in which evidence was collected, arguing that his constitutional rights had been violated.

Abuse of power condemned

The High Court agreed, finding that he was denied access to legal counsel and subjected to procedural irregularities that breached due process.

“The respondent’s conduct of premature charging, reliance on post-factual evidence, denial of legal representation and publicising unverified allegations constitutes a clear abuse of power and malafides under Article 157(11),” Justice Mwamuye observed.

The court permanently quashed the arrest, detention and the criminal proceedings. It also prohibited the use of unlawfully obtained evidence and barred any further investigations or prosecution in the matter.

To compensate for the humiliation, distress and reputational harm suffered, the court awarded Natembeya KSh2.5 million in general damages. The amount will attract interest at court rates until full payment. The respondents were also ordered to pay legal costs.

The interim conservatory orders previously granted were confirmed.