Court of Appeal upholds ruling barring charged governors from accessing office
The Court of Appeal sitting in Nairobi has upheld Justice Mumbi Ngugi's ruling that governors, who are facing corruption charges, should be barred from accessing their offices until their cases are heard and determined.
While throwing out the petition by Samburu Governor Moses Lenolkulal on Friday, the judges have held that governors to be denied access to office once they are charged.
The ruling by Ngugi has so far locked governors Moses Lenolkulal (Samburu), Ferdinand Waititu (Kiambu) and Mike Sonko (Nairobi) out of their county offices.
Meanwhile, the Council of Governors (CoG) has also said it will appeal the High Court ruling barring governors charged with economic crimes from accessing their offices for the duration of their trial.
Consequently, the CoG has also said it will move to the Supreme Court if it will be unsatisfied with the decision of the Court of Appeal to have the ruling, which has had far-reaching consequences on at least three county chiefs, set aside.
Addressing a press conference in Nairobi on Monday December 16, CoG chairman Wycliffe Oparanya said the ruling by High Court judge Mumbi Ngugi contradicts the law on the removal of governors from office.
“As a matter of common interest, the county governments will urgently move to court over the ruling seeking governors to step aside when charged on corruption matters as he has been witnessed in the cases of Kiambu, Samburu and Nairobi City County,” said Oparanya.
“We will also seek the Attorney General’s advice and interpretation on judge Ngugi’s ruling and its ramifications,” he added.