NAIROBI, Kenya — A magistrate’s court has ordered the Ethics and Anti-Corruption Commission to return all property seized from Trans Nzoia Governor George Natembeya within 10 days, reinforcing an earlier High Court ruling that nullified his arrest and prosecution.
In her ruling, Isabella Barasa held that state agencies lacked legal grounds to continue holding the governor’s property in the absence of a valid court order staying the High Court judgment.
“In the absence of a stay order, there is no legal basis for the continued detention of the accused person’s property,” Barasa ruled, underscoring the binding nature of court decisions.
She warned against selective compliance with judicial orders, stating that all state agencies must fully adhere to court rulings. “Court orders are not issued in vain. They must be obeyed fully and not in part,” she added.
The magistrate noted that the High Court had already quashed the criminal proceedings against Natembeya, effectively removing any justification for retaining the seized items.
The earlier judgment found that the governor’s constitutional rights were violated during his arrest and prosecution, including denial of access to legal counsel and irregularities in the execution of warrants.
The High Court declared the proceedings unlawful, unconstitutional, and an abuse of the court process, and barred the Office of the Director of Public Prosecutions, the Directorate of Criminal Investigations, and the EACC from pursuing the matter further.
It also awarded the governor Sh2.5 million in damages.
Natembeya had initially been arrested and charged before the Milimani Anti-Corruption Court over alleged financial irregularities linked to a reported Sh1.4 billion loss.
Despite the High Court ruling, the ODPP has since filed an appeal at the Court of Appeal of Kenya seeking to overturn the decision. However, no stay orders have been issued, leaving the High Court judgment in force.
Barasa further directed that Sh500,000 deposited as cash bail be refunded to the governor, reiterating that all consequences arising from the quashed proceedings must be reversed.
