Friday July 26, 2019 - High Court Judge Mumbi Ngugi made a ruling on Wednesday that is likely to send ripples across the country on matters related to corruption.

The firm judge, who has been nominated for promotion to the Court of Appeal by CJ David Maraga led JSC, ruled that all constitutional office holders charged with corruption should step aside.

Ngugi made the ruling following an application by Samburu Governor, Moses Kasaine Lenolkulal, who had been barred by a lower court from accessing his office.

The Governor, alongside other senior County staff, is facing prosecution over suspected Ksh84.7 million fraud at the County.

She further declared that the Anti-Corruption Act, that shielded constitutional office holders from suspension from office when charged with corruption, is unconstitutional.

She termed Section 62(6) of the Anti-Corruption and Economic Crimes Act, which most State officers have been using to hang onto office, as “entrenching corruption and impunity in the land”.

“It seems to me that Section 62(6) is contrary to the constitutional requirements of integrity in governance, are against the national values and principles of governance and principles of leadership and integrity in Chapter Six,” Ngugi ruled.

Like other civil servants, Justice Ngugi ruled that Governors should step aside once charged with a criminal offence.


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