Court of Appeal upholds ruling that barring Governors facing graft charges from accessing office

Another major setback for Governors Waititu & Sonko

Mumbi Mutuko

December 20, 2019 10:13 AM

Court's ruling deals setback to Sonko & Waititu

Governors Ferdinand Waititu (Kiambu) and Mike Sonko (Nairobi)

The Court of Appeal upheld Justice Mumbi Ngugi's ruling that governors facing graft charges, should be barred from accessing their offices.

On Friday the Appellate judges ruled that elected officials should not access their offices until their cases are heard and determined.

Governors Moses Lenolkulal (Samburu), Ferdinand Waititu (Kiambu) and Mike Sonko (Nairobi) had sought the Appellate court's reprieve to gain access to their offices.

Governors Ferdinand Waititu (Kiambu) and Mike Sonko Sonko and waititu Pulse Live Kenya

Justice Ngugi's ruling in July, instructed that elected executives cannot continue to attend to office functions when facing corruption related charges.

Other governors could be affected

The ruling could also affect Busia Governor Sospeter Ojaamong’ who is fighting graft charges.

Migori’s Okoth Obado, who is set to stand trial on murder claims, could also find himself in a similar poignant position.

Justice Ngugi had also ruled that Governor Lenokulal can visit his office only with the authorisation of EACC.

Justice Mumbi Ngugi Justice Mumbi Ngugi Pulse Live Kenya

Weighing in on the impact of Ngugi’s ruling on Waititu, lawyer Ahmednassir Abdullahi opined that the embattled governor could operate outside his barred Kiambu office.

“Since Babayao is barred from accessing the Governor’s office in Kiambu, I offer the considered legal opinion that he can open a new office and continue discharging his constitutional duties as governor of Kiambu,” Abdullahi tweeted.