The Court of appeal has upheld Justice Mumbi Ngugi’s ruling barring governors from accessing office once they are charged with graft.
While dismissing the petition by Samburu Governor Moses Lenolkulal, Court of Appeal Judge Jamila Mohammed ruled that the High Court ruling was constitutional since the Governor’s seat was not vacated
In Justice Mumbi Ngugi’s ruling earlier this year, all constitutional office holders charged with corruption were ordered to step aside.
“There have been circumstances in the past in which county governors have, for reasons of ill health been out of office, and given the fact that the constitution provides for the seat of a deputy governor, the counties have continued to function. In this case, the applicant is charged with a criminal offence; he has been accused of being in ‘moral ill-health,” Ngugi ruled.
So far three governors have been affected by the ruling; Samburu Governor Moses Lenolkulal, Nairobi Governor Mike Sonko and Kiambu Governor Ferdinand Waititu who are all facing graft charges.
However the Court of Appeal has Upheld the high court’s ruling at a time when the Governors have already moved to court to have their colleagues who are facing various charges be allowed to continue serving until their cases are heard and determined.
