This archive report was first published on 30 July 2019.
Published on July 30, 2019, a High Court ruling by Justice Mumbi Ngugi has exposed double standards in Kenya's justice system. The ruling barred Samburu Governor Moses Lenolkulal from accessing his office until the conclusion of a corruption case against him.
Lawyers are divided on the issue, with some arguing that the ruling is in line with the Constitution, while others claim it is a contradiction of a previous ruling that allowed Uhuru Kenyatta and William Ruto to vie for the presidency despite facing cases at the International Criminal Court (ICC) in The Hague.
Justice Mumbi's ruling was based on the principle that public officers should not act in their official capacities while facing criminal proceedings. However, critics argue that this principle was not applied consistently in the past, as evident in the 2013 ruling that allowed Uhuru Kenyatta and William Ruto to run for office despite facing ICC cases.
Constitutional lawyer Bobby Mkangi defended Justice Mumbi's ruling, stating that courts can review their previous rulings and that the latest ruling stands until it is reviewed again. Former Law Society of Kenya (LSK) CEO Apollo Mboya also supported the ruling, saying that it should be viewed in its individual context.
However, lawyer Harrison Kinyanjui faulted Justice Mumbi's ruling, accusing the Judiciary of lack of policy and clarity in rulings. Makueni Senator Mutula Kilonzo Jnr backed the ruling, saying it was in line with the Constitution.
