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Why Cherargei wants sitting governors granted immunity

Nandi Senator Samson Cherargei
Nandi Senator Samson Cherargei now wants governors granted immunity from prosecution while in office.
Mr Cherargei says the country should borrow [a leaf] from Nigeria where the sitting president, deputy president and governors cannot be charged.
The lawmaker, who chairs the powerful Legal Affairs and Human Rights committee of the Senate, says his efforts are geared towards protecting devolution which, he claims, is under threat from the Executive arm of government.
CHARGES
The senator, a lawyer, says the charging of three sitting governors, and the subsequent ruling by Justice Mumbi Ngugi that they should not access their offices, is part of a plot to strangle devolution.
“The ruling against the three governors shows devolution is under threat; we have even seen some government operatives addressing governors as provincial commissioners while the courts have issued rulings to appease the Executive.," he told the Nation.
"The Judiciary is driven by morbid fear because its resources were slashed. That’s why I propose a change to the Constitution to give county chiefs immunity against any form of prosecution."
VOTER POWER
Mr Cherargei said he is not opposed to the fight against corruption, but maintained that even the courts do not have power to remove an elected leader from office.
“According to our Constitution, only the voter has the power to remove a leader from office. It’s not the work of courts, the DCI or DPP, which has become the Directorate of Political Persecution,” he said.
The senator accused the Executive of undermining the Constitution by slashing Judiciary funds.
“You can’t challenge the courts on corruption and yet you are not funding them. I sat with the Chief Justice and he told me they have a shortage of 600 judges and need at least 3,000 judicial officers,” he said.
OPPOSITION
If passed, the senator’s proposal will be a relief to governors Ferdinand Waititu (Kiambu), Mike Sonko (Nairobi) and Moses Lenolkulal (Samburu), who are battling court cases over alleged graft.
However, Murang’a Senator Irungu Kang’ata has strongly opposed the plan.
“The idea of protecting a leader from prosecution can only be applied to a holder of an office that has the potential to impair the entire State; that’s why we only give it to the President. Governors have no such potential,” the Senate deputy chief whip told the Nation.

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