Kiambu County Governor Ferdinand Waititu and his Samburu County counterpart Moses Kasaine Friday lost appeals against Justice Mumbi Ngugi’s ruling barring governors facing graft from office.
In a ruling delivered by Lady Justice Jamila Mohamed on behalf of Judges David Musinga, Steven Gatembu & Agnes Murgor said that barring the governors from accessing their offices does not amount to their removal from office dismissing an argument by the lawyers representing the two governors that the decision amounted to a constructive measure.
Court also barred Governor Ferdinard Waititu from accessing office till the trial is concluded. It also dismissed his application to review (Sh30M bond with one surety of similar amount or Sh15M cash bail) terming them "reasonable & not excessive". pic.twitter.com/86wdj3ErWc
— Office of The Director Of Public Prosecutions (@ODPP_KE) December 20, 2019
In her ruling delivered on July 24 that state officers charged with corruption should be barred from accessing their offices until their cases are determined, Justice Mumbi Ngugi stated that she looked beyond the interests of the individual holder of the constitutional office and considered the wider public interest.
“In the matter before me, the governor of a county, to whom Article 10 and Chapter 6 apply, is charged with the offence of abuse of office. He is charged with basically enriching himself at the expense of the people of Samburu county who elected him and whom he is expected to serve,” she said.
“Would it serve the public interest for him to go back to the office and preside over the finances of the county that he has been charged with embezzling from? What message does it send to the citizen if their leaders are charged with serious corruption offences, and are in office the following day, overseeing the affairs of the institution?”