Nairobi court has directed the Ethics and Anti-Corruption Commission (EACC) to return all items seized from Trans Nzoia Governor George Natembeya within 10 days.
The ruling, issued by Magistrate Isabella Barasa, reinforces an earlier decision by the High Court of Kenya that quashed Natembeya’s arrest and prosecution over alleged graft.
When the matter came up on Wednesday, the court held that in the absence of a stay order, state agencies had no legal grounds to continue holding the governor’s property.
“I think if we are to approach the court under one hand, we must be willing to obey orders of the court,” Barasa said, stressing that judicial authority cannot be applied selectively.
She ruled that all items listed in the inventory must be returned within 10 days, noting that the High Court had already nullified the proceedings before the magistrate’s court.
Natembeya had previously been arrested and arraigned at the Milimani Anti-Corruption Court over alleged financial irregularities involving about Sh1.4 billion.
Investigations were conducted jointly by the Directorate of Criminal Investigations (DCI) and the EACC, while charges were filed by the Office of the Director of Public Prosecutions (ODPP).
However, the High Court later ruled that the process leading to his arrest and prosecution was unconstitutional.
Justice Mwamuye found that Natembeya’s rights had been violated, citing denial of access to legal counsel and procedural irregularities, including improper execution of warrants.
The court declared the case unlawful and an abuse of the judicial process, and barred the ODPP, DCI and EACC from pursuing further proceedings related to the matter.
Despite the ruling, the ODPP has filed an appeal at the Court of Appeal of Kenya seeking to overturn the decision.
However, no stay orders have been issued, meaning the High Court’s directives remain in force.
It is this legal position that informed Magistrate Barasa’s decision, which also ordered the refund of cash bail amounting to Sh500,000 to the governor.
The case continues to highlight tensions between investigative agencies and the judiciary over due process and constitutional rights in high-profile corruption cases.
