This archive report was first published on 31 July 2019.
On July 31, 2019, a High Court ruling by Lady Justice Mumbi Ngugi directed that governors charged with economic crimes should not access their offices for the duration of their trial. This decision has raised queries on the running of the affected counties, as embattled Kiambu Governor Ferdinand Waititu became the second victim of the ruling.
Anti-Corruption Court Magistrate Lawrence Mugambi upheld Justice Ngugi’s decision, directing Mr. Waititu to keep off from running Kiambu County’s affairs. The Constitution provides that the governor’s office becomes vacant if the holder dies, resigns, ceases to be eligible to be elected county governor, or is convicted of an offence punishable by imprisonment for at least 12 months.
The deputy governor only assumes office if the governor’s office becomes vacant. In this case, Kiambu Governor Ferdinand Waititu's deputy, Dr. James Nyoro, is expected to take a central role in the running of the county government.
Questions have arisen as to the powers of deputy governors in the unfolding scenario, including whether they can appoint county executives or summon cabinet meetings. The Anti-Corruption and Economic Crimes Act (ACECA) protects State officers from stepping aside from office while under prosecution for criminal charges, but Justice Ngugi termed this section of the law as unconstitutional.
Mr. Waititu and his wife, Susan Wangari, spent another night in jail after failing to meet their bail conditions. The governor’s lawyers had put up a spirited fight earlier on pleading with the court not to bar him from accessing his place of work, but the magistrate dismissed their pleas, saying his rights would not be violated in any way.
