NAIROBI, Kenya — The Office of the Director of Public Prosecutions (ODPP) has filed a Notice of Appeal challenging the acquittal of George Natembeya, Governor of Trans Nzoia County, over allegations of unlawful acquisition of public funds and conflict of interest.
The appeal follows a High Court ruling delivered on 4 March 2026 by Justice Bahati Mwamuye, which barred the ODPP, the Directorate of Criminal Investigations (DCI), and the Ethics and Anti-Corruption Commission (EACC) from investigating, recommending prosecution, or initiating criminal proceedings against Governor Natembeya.
The court also awarded the governor KSh 2.5 million in general damages, plus interest from the date of judgment until full payment.
𝐃𝐏𝐏 𝐚𝐩𝐩𝐞𝐚𝐥𝐬 𝐚𝐜𝐪𝐮𝐢𝐭𝐭𝐚𝐥 𝐨𝐟 𝐓𝐫𝐚𝐧𝐬 𝐍𝐳𝐨𝐢𝐚 𝐆𝐨𝐯𝐞𝐫𝐧𝐨𝐫 𝐆𝐞𝐨𝐫𝐠𝐞 𝐍𝐚𝐭𝐞𝐦𝐛𝐞𝐲𝐚The Director of Public Prosecutions (DPP) has filed a Notice of Appeal on a High Court decision that acquitted George Natembeya, the Governor of Trans Nzoia
Charges Against the Governor
The ODPP had charged Natembeya with unlawful acquisition of public property totaling KSh 3,252,568.
The allegations relate to payments made by the County Government of Trans Nzoia to companies engaged in business with the county, including:
- Lyma Agro Science Limited
- Maira Stores
- Easterly Winds Limited
It was alleged that between 1 January 2023 and 30 April 2025, the governor acquired funds through these transactions in circumstances constituting a conflict of interest.
He faced two counts of conflict of interest under Section 42(3) read with Section 48 of the Anti-Corruption and Economic Crimes Act.
Details of Alleged Financial Gain
The prosecution claimed that:
- Natembeya acquired an indirect pecuniary interest of KSh 1,127,900 from Mercy Chelangat, Director of Lyma Agro Science Limited and proprietor of Maira Stores.
- He allegedly acquired an indirect pecuniary interest of KSh 2,124,668 from Emmanuel Wafula Masungo, the beneficial owner of Easterly Winds Limited.
The ODPP maintains that these transactions represented personal financial gain resulting from his position, justifying the appeal of the High Court’s ruling.
The appeal now moves to a higher court, where the DPP seeks to overturn the acquittal and enable further investigation or prosecution of the governor.
This development comes amid growing public scrutiny of county officials and the handling of public funds, highlighting ongoing efforts to enforce accountability under Kenyan anti-corruption laws.
