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Governors to challenge ruling that demands stepping aside when charged with corruption

Governors have vowed to challenge a court ruling requiring governors charged with corruption to vacate office during the duration of their trial.

So far three governors; Moses Lenolkulal (Samburu), Ferdinand Waititu (Kiambu) and Mike Mbuvi Sonko (Nairobi) have been barred from office over corruption charges.

The three governors’ fate was sealed by the landmark ruling delivered on July 24, 2019 by Justice Mumbi Ngugi, which the Council of Governors (CoG) are seeking to challenge in court.

Addressing press on Monday, December 16, CoG Chairman Wycliff Oparanya said they would challenge the ruling “ as a matter of common interest”

“As a matter of common interest, the county governments will urgently move to court over the ruling seeking governors to step aside when charged on corruption matters as has been witnessed in the cases of Kiambu, Samburu and Nairobi Counties,” said the council.

In the ruling, Justice Mumbi Ngugi said governors, like other civil servants, should step aside once charged with a criminal offence and their roles completely taken over by their deputies.

Justice Ngugi noted that 62(6) of the Anti-corruption and Economic Crimes Act (ACECA) that protected State officers from stepping aside from office while under prosecution for criminal charges was unconstitutional and “entrenching corruption and impunity in the land.

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