This archive report was first published on 25 July 2019.
On July 25, 2019, High Court Judge Mumbi Ngugi made a landmark ruling that seeks to bring fairness to the administration of justice in corruption cases.
The ruling declared that public officials, regardless of their status or station, should face similar and commensurate sanctions for corruption and other criminal offenses.
Currently, the Anti-Corruption and Economic Crimes Act has provisions that exempt elected leaders and holders of constitutional offices from facing the same penalties as public and State officers.
Section 62 of the Act stipulates that public and State officers implicated in graft or wrongdoing are suspended from office and entitled to only half pay, while elected leaders and constitutional office holders continue working and earning full benefits.
This dichotomy has been exploited to the benefit of a few, creating a bad precedent. For instance, several governors accused of corruption or other criminal offenses remain in office, while public and State officers are forced out and penalized as soon as they are charged in court.
As Judge Mumbi Ngugi's ruling emphasizes, 'Not only must justice be done, it must be seen to be done.' The principle of equal treatment before the law demands that all officials in positions of responsibility and leadership be subjected to the same law.
