Appeals Court Upholds Ruling Barring Governors Charged with Corruption from Accessing Office

The Court of Appeal on Friday upheld High Court judge Mumbi Ngugi’s ruling barring Governors who are charged with corruption from accessing their offices until their cases are heard and determined.

The Appellate Court upheld the lower court’s decision in an appeal filed by Samburu Governor Moses Lenolkulal, who was challenging Justice Mumbi’s ruling that barred him from accessing his office until his trial over corruption is concluded. 

Appeals Court judge Jamila Mohammed ruled that the decision by Justice Mumbi was constitutional as the governor’s seat was not vacated.

“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.

“On whether the cash bail granted is harsh, the setting of bail is the discretion of the court. We have no basis for faulting the judge. We dismiss the appeal,” she added.

In her ruling on July 24th, 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.

“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?” she said.

Subsequently, Justice Mumbi’s ruling was used to bar Kiambu Governor Ferdinand Waititu and his Nairobi counterpart Mike Sonko from accessing their office after they were charged with corruption.