Kenya: DPP Appeals Acquittal of Trans Nzoia Governor Natembeya

Nairobi — The Director of Public Prosecutions (DPP) has filed a Notice of Appeal challenging a High Court ruling that acquitted Trans Nzoia Governor George Natembeya in a case involving alleged unlawful acquisition of public funds and conflict of interest.

The appeal follows a judgment delivered on March 4, 2026, by Justice Bahati Mwamuye, which barred the Office of the Director of Public Prosecutions (ODPP), the Directorate of Criminal Investigations (DCI), and the Ethics and Anti-Corruption Commission (EACC) from investigating, recommending prosecution, or instituting criminal proceedings against the governor.

The court also awarded Natembeya Sh 2.5 million in general damages, plus interest at court rates from the date of judgment until payment in full.

The DPP had charged the governor with unlawful acquisition of public property worth KSh 3,252,568. The charges relate to payments made by the County Government of Trans Nzoia to companies that conducted business with the county.

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According to the prosecution, between January 1, 2023, and April 30, 2025, Natembeya allegedly acquired the funds through transactions involving Lyma Agro Science Limited, Maira Stores, and Easterly Winds Limited in circumstances amounting to a conflict of interest.

He also 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.

Prosecutors told the court that the governor allegedly obtained an indirect pecuniary benefit of KSh 1,127,900 from Mercy Chelangat, director of Lyma Agro Science Limited and proprietor of Maira Stores, both of which had business dealings with the county government.

Additionally, he is accused of receiving an indirect pecuniary benefit of KSh 2,124,668 from Emmanuel Wafula Masungo, the beneficial owner of Easterly Winds Limited, another company that traded with the county.

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