This archive report was first published on 29 July 2019.
Following a recent High Court verdict blocking Samburu Governor Moses Lenolkulal from county offices, the Director of Public Prosecutions (DPP) and Ethics and Anti-Corruption Commission (EACC) have signaled that they will persuade judges to enforce similar orders against top officials arraigned on graft charges.
On July 29, 2019, Justice Mumbi Ngugi locked out Lenolkulal from office, directing that he could only access the premises with written permission from Twalib Mbarak, the EACC boss.
According to the DPP, Noordin Haji, any officer charged must step aside, as Kenyans envisioned to have leaders who observe Chapter Six of the Constitution on leadership and integrity and Articles 1 of the Constitution.
“I have been fighting to ask that those people who are charged step aside. They must step aside. That is in the Constitution and it is a right that we have to ask, we are not pleading. If you are charged you must step aside, and we will go to the Supreme Court to get that ruling,” said Haji.
The EACC boss, Twalib Mbarak, also praised Justice Ngugi’s landmark decision, saying they would not relent in pushing for the condition to apply to all constitutional office holders whenever they are prosecuted.
“Following this ruling, it will no longer be business as usual for constitutional office holders facing criminal charges of corruption and economic crimes,” said Mbarak.
The EACC has also opened investigations in multiple counties, including Tharaka/Nithi, Garissa, Siaya, Turkana, Marsabit, Kitui, Murang’a, Homa Bay, Migori, Wajir, Nairobi, Machakos and Nandi.
