Kenyan Governors Demand for Immunity from Arrest, Prosecution

Kenyan Governors are now demanding immunity from prosecution while still in office, just like the President.

Speaking during a press briefing in Nairobi, Council of Governors (CoG) chairman Josphat Nonok accused state agencies of unfairly targeting the county heads in the war against graft.

The demand comes days after the arrest and prosecution of Busia Governor Sospeter Ojaamong, who was charged with corruption related offences last week over Sh20 million illegal procurement. 

The Governors said they should be accorded the same treatment as the President, arguing that they are also heads of government. The President enjoys immunity from arrested and prosecution while still serving.

“The best practice in jurisdictions that are devolved is that the heads of both levels of government have immunity on civil and criminal proceedings while they are in office,” Nanok said during a press conference at the CoG headquarters in Nairobi.

Nanok said Governor Ojaamong was mishandled despite voluntarily surrendering himself to the Ethics and Anti-Corruption Commission (EACC).

“Whereas the fight against corruption is inevitable, this fight cannot be politicised and it cannot be used selectively to target specific officers,” he told reporters.

Nanok said the CoG is aware that the government is targeting to arrest more Governors in the coming weeks. The Governors have threatened to disrupt activities at the counties if another of their own is arrested.

“The right to bail or bond must be respected and cannot be compromised at any cost. In this regard, the council stands with the governor,” the CoG said.

 “There are instances where governors have referred cases of graft to the Office of the Director of Public Prosecutions and the EACC but no action has been taken,” they said.