This archive report was first published on 30 July 2019.
On July 30, 2019, High Court Judge Mumbi Ngugi made a landmark ruling that has sent shockwaves through the corridors of power in Kenya. In a decision that has been hailed as a major blow to impunity, Judge Ngugi upheld a magistrate's order barring Samburu County Governor Moses Lenolkulal from accessing his office.
The judge ruled that the governor can only access his office with written permission from the Ethics and Anti-Corruption Commission (EACC). This decision has significant implications for the fight against corruption and impunity in Kenya.
Mr. Lenolkulal is facing four counts of corruption and abuse of office, and his case has sparked a wider debate on the role of the judiciary in holding public officials accountable for their actions.
Justice Ngugi's ruling was based on her interpretation of Section 62(6) of the Anti-Corruption and Economic Crimes Act, which she argued was contrary to the provisions of the Constitution and the principles of leadership and integrity.
She observed that allowing persons facing criminal charges to hold public office entrenches corruption and impunity in the land, and wondered why Kenyans have legislative authority that they have delegated to the legislature, which has passed laws that allow state officers to remain in office despite being charged with corruption.
Chief Magistrate Lawrence Mugambi followed the decision and barred Kiambu Governor Ferdinand Waititu from accessing his office, citing similar reasons.
