The Court of Appeal on Friday, December 20, upheld Justice Mumbi Ngugi's ruling barring governors from accessing office.
While dismissing a petition presented by Samburu Governor Moses Lenolkulal, a Court of Appeal bench led by Justice Jamila Mohammed ruled that the High Court ruling was constitutional as the governor’s seat was not vacated.
In July 2019, the Justice Ngugi ruled that all constitutional office holders charged with corruption had to step aside until they were cleared.
“There have been circumstances in the past in which county governors have, for reasons of ill health been out of office, and given the fact that the constitution provides for the seat of a deputy governor, the counties have continued to function. In this case, the applicant is charged with a criminal offence; he has been accused of being in ‘moral ill-health,” Ngugi had ruled.
Among those affected by her ruling were governors Ferdinand Waititu (Kiambu), Moses Lenolkulal (Samburu) and Sospeter Ojaamong (Busia) who are all facing graft-related cases.
Speaking to Kenyans.co.ke, litigious activist Okiya Omtatah explained that the ruling was binding to the lower courts clarifying that it could only be effected when an application is done.
Refering to Section 42 of the Leadership and Integrity Act, the lawyer explained that, "What the appellate court's ruling did was to state that the orders barring the Governor from office were valid. But for other governors and public officers facing graft charges, an application has to be made to bar them from office."
As such, the decision technically affects Governor Lenolkulal but sets a predictable path for subsequent governors who make applications challenging decisions to bar them from office.
In December 2019, the Council of Governors (CoGs) led by Kakamega Governor Wycliffe Oparanyah moved to court to have their colleagues facing various criminal charges allowed to continue serving until their cases were heard and determined.
This was after Nairobi Governor Sonko was also barred from accessing office after corruption charges were preferred against him alongside several county officials over the irregular awarding of Ksh357 million garbage collection tender.
