Waititu, Lenolkulal to remain locked out of office
Governors who are facing graft related cases will continue to remain locked out of their county offices.
This follows a decision by the Court of Appeal in Nairobi Friday which upheld a High Court ruling that had set this precedent.
While refusing to set aside Justice Mumbi Ngugi’s ruling that barred elected executives from continuing to serve in office when facing corruption charges, a three-judge bench of the Appellate Court declined to grant governors Ferdinand Waititu and Moses Lenolkulal reprieve on the matter.
In delivering the judgment on behalf of the bench that heard their separate cases, Justice Jamila Mohamed upheld justice Ngugi’s decision and dismissed their appeals.
According to justices David Musinga, Steven Gatembu and Agnes Murgor, the High Court ruling barring them from office does not amount to removing them from office.
The judges consequently upheld the terms set by the Anti-Corruption Magistrate courts when it released the two on bond.
As to whether the bond issued was harsh, the Appellate Court judges ruled that setting of such is a discretion of the court handling that matter hence they could not fault the terms.
NGUGI RULING
Justice Ngugi had upheld the decision of a Magistrate barring Samburu County boss Moses Lenolkulal from accessing his office.
In her ruling, she said the law allows persons facing criminal charges access to public offices which entrenches corruption and impunity in the land.
She ruled that this section of the law violates the letter and spirit of the Constitution particularly chapter six on leadership and integrity.
She therefore ordered that the Samburu governor can only access his office with written permission of the Ethics and Anti-Corruption Commission.
A few days later, Anti-Corruption Court’s Magistrate Lawrence Mugambi went ahead to lock out Kiambu Governor Ferdinand Waititu out of his office as soon as he was charged with graft related offenses.
Lawyers representing the Director of Public Prosecutions hailed Friday's Court of Appeal decision. The two governors were present in court for their rulings, but did not give a public address outside.
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