Milimani, Nairobi – June 5, 2025 The High Court in Nairobi has issued a conservatory order temporarily halting criminal proceedings against Trans Nzoia Governor George Natembeya, pending the hearing and determination of a constitutional petition challenging his prosecution.
Justice Bahati Mwamuye of the Milimani Law Courts made the ruling on Wednesday in Petition No. HCCHRPET/E338/2025, staying proceedings in the Milimani Chief Magistrates Anti-Corruption Case No. E024 of 2025, in which Natembeya is charged alongside another person.
In court documents seen by The Mulembe Times Media, the judge directed that: “Pending the inter partes hearing and determination of the Petitioner’s Notice of Motion Application dated 05/06/2025, a conservatory order be and is hereby issued staying the criminal proceedings…”
Natembeya, who is the de facto leader of the Tawe Movement, was charged a fortnight ago with conflict of interest and unlawful acquisition of public property. According to the Ethics and Anti-Corruption Commission (EACC), which confirmed the charges via its official X platform, the governor is accused of receiving kickbacks amounting to KES 3.25 million between January 1, 2023, and April 30, 2025. The funds were allegedly paid by Mercy Chelangat, Director of Lyma Agro Science Ltd and Maira Stores, both of which secured business with the Trans Nzoia County Government.
The Governor denied all charges before Principal Magistrate Ondieki and was released on a bond of KES 1 million with a surety or a cash bail of KES 500,000. He was also barred from accessing his office for 60 days.
In addition, EACC noted that Natembeya is also being investigated in a separate case involving alleged irregular procurement and fictitious payments totaling KES 1.4 billion during the 2022/2023 and 2024/2025 financial years. Dramatic search operations were carried out earlier this week at the homes and offices of the governor and several associates.
Back in court, Justice Mwamuye directed that Natembeya’s legal team serve the petition, application, and court order on the DCI, ODPP, and other respondents by June 9, 2025, with responses expected by June 20, and any rejoinders by June 27. The matter will be mentioned on June 30, 2025, to confirm compliance and issue further directions.
Meanwhile, the case has drawn attention on social media. A Community Note on X (formerly Twitter) flagged the initial reporting of the charges EACC, raising concerns about timing and suggesting that political undertones could be at play given Natembeya’s growing influence as a 2027 presidential hopeful. With the conservatory order now in effect, the criminal proceedings will remain suspended until the High Court determines whether the petition raises valid constitutional issues.