Justice, not politics: Why Trans Nzoia Governor Natembeya case exposes bias

The High Court’s recent decision to quash criminal charges against Trans Nzoia Governor George Natembeya should serve as a sobering reminder that the criminal justice system is meant to uphold constitutional rights and not political interests.

In a decisive ruling, Justice Bahati Mwamuye found that the Ethics and Anti-Corruption Commission (EACC) violated Natembeya’s rights by denying him access to legal counsel during his arrest and by unlawfully obtaining his financial records.

The judgment, which awarded the governor Sh2.5 million in damages, underscores a fundamental principle that no individual, regardless of political affiliation, should be subjected to a process that disregards the constitution.

This ruling is more than a personal vindication for Governor Natembeya, however, it is a clarion call for the entire justice sector.

Over the past decade, Kenya has witnessed a worrying trend: State agencies increasingly entangled in politically sensitive investigations, often raising questions about objectivity and impartiality.

From selective prosecutions to withdrawals of high-profile charges, the public’s confidence in law enforcement and prosecutorial agencies has been tested.

The National Police Service, Directorate of Criminal Investigations (DCI), Kenya Revenue Authority (KRA), the EACC, and even the Office of the Director of Public Prosecutions (ODPP) have all faced scrutiny for allegedly allowing political considerations to shape their actions. In some instances, cases involving allies of those in power are inexplicably dropped, while cases against perceived opponents are pursued with vigor. These patterns erode the very foundation of democracy: equality before the law.

Justice Mwamuye’s ruling highlights a simple but critical truth: constitutional safeguards are not ornamental.

The right to legal representation, the right to a fair trial, and the protection against unlawful search and seizure are not privileges, instead, they are fundamental pillars of the rule of law.

When investigative agencies disregard these protections, they not only compromise individual rights but also corrode the legitimacy of the justice system as a whole.

The selective application of justice is particularly corrosive in Kenya’s political environment. It fuels perceptions that the criminal justice system can be weaponized to silence opposition, settle political scores, or shield allies from accountability. Such perceptions are as damaging as the actual misuse of the system.

Citizens must have confidence that agencies like the EACC, ODPP, DCI, and KRA operate independently, guided strictly by evidence and the public interest, rather than political expediency.

Moreover, the misuse of state agencies has broader societal implications. It distracts from the core mission of these institutions: combating corruption, ensuring tax compliance, and maintaining law and order.

When agencies become entangled in political battles, resources, attention, and credibility are diverted from their legitimate functions.

Kenya cannot afford such inefficiency, especially at a time when transparency and accountability are critical to sustainable development and good governance.

Restoring confidence in Kenya’s criminal justice system requires more than judicial pronouncements and hence demands systemic reforms.

Investigative and prosecutorial bodies must adopt clear, transparent, and consistent procedures that are immune to political influence.

Appointment processes, oversight mechanisms, and internal accountability structures should be strengthened to ensure decisions are evidence-based, fair, and consistent with constitutional protections.

Importantly, public communication must be honest and clear, reassuring citizens that no one is above the law and that no one is targeted because of political affiliation.

The Natembeya case is a reminder that justice delayed is justice denied, and justice manipulated is justice undermined.

Kenya’s democracy thrives when institutions operate with independence, professionalism, and integrity.

Conversely, when law enforcement agencies become instruments of political strategy, the consequences are grave: public trust erodes, governance is weakened, and the very principles of democracy are compromised.

It is imperative that all stakeholders notably politicians, law enforcement officers, civil society, and ordinary citizens recognise that the criminal justice system must be shielded from political interference.

The Constitution provides the framework for a fair and impartial system and it is now up to institutions and leaders to honor it.

Selective prosecution, arbitrary arrests, and politically motivated investigations have no place in a society committed to the rule of law. Needless to say, it is only by ensuring an objective, impartial, and constitutionally grounded criminal justice system can Kenya guarantee justice for all regardless of power, position, or political affiliation.