This archive report was first published on 21 December 2019.
On December 21, 2019, Kenya's Court of Appeal upheld a High Court ruling that barred governors charged with corruption from accessing their offices until their cases are heard and determined.
The ruling, made by Justice Mumbi Ngugi, was challenged by Samburu Governor Moses Lenolkulal, who argued that the decision to bar him from accessing his office was unconstitutional.
However, Appeals Court judge Jamila Mohammed ruled that the decision was constitutional, stating that the governor's seat was not vacated and that he was still the governor.
“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 said.
Justice Mumbi Ngugi had initially ruled that conditions must be imposed when releasing a governor on bail in order to protect the public interest, citing Chapter 6 of the constitution on Leadership and Integrity.
Her ruling was subsequently used to bar Kiambu Governor Ferdinand Waititu and his Nairobi counterpart Mike Sonko from accessing their office after they were charged with corruption.
