This archive report was first published on 21 December 2019.
The landmark ruling delivered on July 24, 2019, by Justice Mumbi Ngugi has seen three Governors; Moses Lenolkulal (Samburu), Ferdinand Waititu (Kiambu), and Mike Sonko (Nairobi) barred from office over graft charges.
Chairman of the Council of Governors, Wycliffe Oparanya, has expressed concerns that the law is posing a setback to devolution.
Senate Legal Affairs Committee Chair, Samson Cherargei, has suggested that the law needs to be amended to insulate governors, as everyone is presumed innocent until proven guilty.
The Council of Governors will be seeking to find out whether the Supreme Court can overturn Judge Mumbi Ngugi's ruling that bars governors charged with criminal counts from office.
CoG is concerned about the implications of the ruling, particularly in cases where the governor is barred from office but not suspended, and whether this means they are barred from discharging their duties.
CoG is also questioning whether a governor under investigation can still conduct their duties, and whether being barred from discharging their duties is the same as vacating the governor from office.
