The Sixth National Devolution Conference, held in Kirinyaga in 2019, resolved that governors facing corruption charges must immediately step aside, marking a pivotal development in Kenya's anti-graft efforts. The directive, included in the final communique, requires all state officers accused of corruption to relinquish their positions during ongoing legal proceedings.
Conference delegates emphasized the need for close coordination between investigative bodies such as the Director of Public Prosecutions (DPP), police, and the Ethics and Anti-Corruption Commission (EACC) with the judiciary to ensure compliance. The communique stated that 'investigative institutions shall strictly follow the law in the execution of their mandate.'
Legal challenges persist, however, due to Section 62(2) of the Anti-Corruption and Economic Crimes Act, which grants constitutional office holders immunity from removal except as specified by the Constitution. This provision has previously allowed charged officials to remain in power despite DPP Noordin Haji's attempts to secure their resignation.
The conference also called for legislative reforms within 12 months to address gaps in anti-corruption enforcement. It specifically targeted Section 62(1) of the EACC Act, which permits suspended officials to retain half pay during investigations. The communique urged amendments to 'enhance inter-agency coordination' and strengthen legal frameworks.
Samburu Governor Moses Lenolkulal remains in office despite a corruption case that has frozen his bank accounts, highlighting the implementation challenges under existing legal structures.
