This archive report was first published on 21 December 2019.
On December 21, 2019, the Court of Appeal upheld a significant ruling by High Court judge Mumbi Ngugi, which barred governors charged with corruption from accessing their offices until their cases are heard and determined.
The ruling, which was challenged by Samburu Governor Moses Lenolkulal, was upheld by Appeals Court judge Jamila Mohammed, who ruled that the decision by Justice Mumbi was constitutional.
According to Justice Jamila Mohammed, the governor's seat was not vacated, and the ruling did not amount to his removal from office. She stated, 'It [the ruling] does not amount to his removal from office….I agree it only amounted to a constructive measure. Neither the judge nor the magistrate purported to remove him from office. He's still the governor. The Judge can't be accused of having removed him from office.'
Justice Jamila Mohammed also dismissed the appeal, stating that the setting of bail is the discretion of the court and that there was no basis for faulting the judge.
The ruling, which was made on July 24, 2019, by Lady Justice Mumbi Ngugi, cited Chapter 6 of the constitution on Leadership and Integrity, saying that conditions must be imposed when releasing a Governor on bail in order to protect the public interest.
Justice Mumbi Ngugi had stated, 'What message does it send to the citizens if their leaders are charged with serious corruption offenses and are in office the following day, overseeing the affairs of the institution?'
The ruling has been used to bar Kiambu Governor Ferdinand Waititu and his Nairobi counterpart Mike Sonko from accessing their office after they were charged with corruption.
