This archive report was first published on 30 July 2019.
On July 24, 2019, High Court Judge Mumbi Ngugi made a landmark ruling that a county governor accused of corruption must step aside pending his trial. This decision could have significant implications for the country's governance, where senior officials are often charged with graft but rarely convicted.
According to Moses Lenokulal, the governor of Samburu County, who was charged in May with corruption and unlawful acquisition of public property, he can visit his office only with the authorization of the Ethics and Anti-Corruption Commission (EACC), a government anti-graft watchdog.
Wanjiru Gikonyo, the head of the Institute for Social Accountability, a Kenyan governance group, stated that the ruling was the first to specify what actions state officers should take once charged.
“Let them step aside. In this case, the judge has started with those with the most responsibility, and it’s a good thing,” Gikonyo told Reuters.
The EACC said on Twitter: “Following this ruling, it will no longer be business as usual for constitutional office holders facing criminal charges of corruption and economic crimes.”
However, some critics argue that accused officials will find ways to circumvent the ruling. “It is still a ruling that is subject to appeal. People may go to court and appeal it. It still has some lacunae, loopholes that people can make use of and defend their seats,” said Caleb Amisi, an opposition lawmaker.
Finance Minister Henry Rotich and other officials were charged with financial misconduct in July 2019, marking the first time police have arrested a sitting finance minister. They all pleaded not guilty.
President Uhuru Kenyatta has been criticized for failing to deal with corruption during his first term, despite his promises to do so when he was first elected in 2013. Now, more people are being charged, but successful prosecutions are still rare.
Among those whose trials are ongoing are the former chairman of the National Land Commission, the managing director of the Kenya Railways Corporation, the deputy chief justice, the CEO of Kenya Power, and the head of Kenya Pipeline Company.
On July 29, 2019, another governor, Ferdinand Waititu of Kiambu County, was charged in an anti-corruption court in Nairobi alongside his wife and other senior county government officials. They all pleaded not guilty to the charges, which include conflict of interest, abuse of office, and dealing with suspect property.
Already, three other governors have corruption cases against them in court, and another four are being investigated on suspicion of graft.
