The Office of the Director of Public Prosecutions (ODPP) has filed a notice of appeal challenging a High Court rulling that acquitted Trans Nzoia Governor George Natembea in a case involving alleged unlawful acquisition of public funds and conflict of interest.
The appeal seeks to overturn a judgement delivered on March 4 by Justice Bahati Mwamuye of the High Court of Kenya, which barred investigative agencies from pursuing criminal proceedings against the Trans Nzoia governor.
In the ruling, the court directed the ODPP, DCI and EACC not to investigate, recommend prosecution, or initiate charges against George Natembeya over the allegations.
The court also awarded the governor general damages amounting to Ksh2.5 million.
However, the prosecution has now moved to the apellate court seeking to overturn the decision and reopen the case.
Unlawful Acquisition of Funds
According to the ODPP, the governor had been charged with unlawful acquisition of public property valued at Ksh3,252,568.
The prosecution alleged that the transactions involved companies that conducted business with the Trans Nzoia County Government.
“It is alleged that between Janaury 1, 2023, and April 30, 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 ODPP said in a statement.
Prosecutors further alleged that George Natembeya indirectly received Ksh1,127,899 from Mercy Chelangat, director of Lyma Agro Science Limited and proprietor of Maira Stores.
He was also accused of receiving KSh2,123,668 through the beneficial owner of another company that had business dealings with the county government.
According to investigators, the payments amounted to financial benefits obtained from companies that had contractual relations with the county government, raising concerns of conflict of interest.
Charges Under Anti-Corruption Law
The governor faced two counts of conflict of interest contrary to Section 42(3) as read with Section 48 of the Anti-Corruption and Economic Crimes Act.
Through the appeal, the ODPP now seeks to challenge the High Court ruling and reopen the path for further investigations and possible criminal proceedings against the governor.
