The Director of Public Prosecutions (DPP) has filed an appeal challenging a High Court decision that acquitted Trans Nzoia Governor George Natembeya in a case linked to the alleged unlawful acquisition of public funds and conflict of interest.
In a statement on Monday, March 16, the ODPP said the appeal followed a ruling delivered earlier this month that halted investigations and prosecution against the governor.
"The 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 County, in a case related to the alleged unlawful acquisition of public funds and conflict of interest."
"The Appeal follows a judgment delivered on 4th of March 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 initiating criminal proceedings against the county boss," the statement read.
The court also awarded the governor general damages amounting to Ksh2.5 million, plus interest at court rates from the date of judgment until payment in full.
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The ODPP had initially charged Natembeya over the alleged unlawful acquisition of public property linked to transactions involving companies that had business dealings with the county government.
"The DPP had charged the Governor with unlawful acquisition of public property worth Ksh 3,252,568. The charges stem from payments made by the County Government of Trans Nzoia to companies that conducted business with the county."
"It is alleged that between the 1st of January 2023 and 30th April 2025, Governor Natembeya unlawfully acquired the funds through transactions involving Lyma Agro Science Limited, Maira Stores, and Easterly Winds Limited in circumstances that constituted a conflict of interest," the statement added.
Further, the governor was charged with 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 also detailed how the alleged conflict of interest arose from transactions linked to individuals associated with the companies that conducted business with the county.
"The Prosecution had earlier told the court that Natembeya allegedly acquired an indirect pecuniary interest of Ksh1,127,900 from Mercy Chelangat, the Director of Lyma Agro Science Limited and proprietor of Maira Stores, both of which had business dealings with the county government."
"He is further accused of acquiring an indirect pecuniary interest of Ksh2,124,668 from Emmanuel Wafula Masungo, the beneficial owner of Easterly Winds Limited, another company that conducted business with the County Government of Trans Nzoia," the statement explained.
Following Natembeya's arraignment in court on May 20, 2025, Natembeya was barred by the Milimani Anti-Corruption Court from accessing his county office for 60 days, following his release on bail related to graft charges.
The court granted Natembeya bail; Ksh 500,000 in cash or a Ksh 1 million bond with a surety after he was charged with unlawful acquisition of public funds and conflict of interest.
As part of the bail conditions, the court barred him from entering his official office for 60 days.
He was also prohibited from leaving the country without the court’s permission and was ordered not to contact any witnesses or comment publicly on the case.
The charges against him involve allegations that between January 2023 and April 2025, he unlawfully obtained Ksh3.25 million through county payments made to companies allegedly linked to him.
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