Justice Mumbi Ngugi has been awarded the Judicial Integrity Award 2019 for the best interpretation of Chapter Six of the Constitution.
The judge was given the accolade on Monday during a public lecture on Ethics and Anti-Corruption efforts hosted by Transparency International at the University of Nairobi.
Ngugi was hailed for declaring Section 62 (6) of the Anti-Corruption and Economic Crimes Act unconstitutional, spelling doom for state officers facing corruption charges. Based on the ruling, Kiambu Governor Ferdinand Waititu and his Samburu counterpart Moses Lenolkulal were barred from accessing their offices.
Treasury CS Henry Rotich and his co-accused had to step aside from their plum posts after being charged with the irregular procurement in respect of Sh63 billion Kimwarer and Arror dams.
The award was accorded to the judge under the Action 4Transparency — a project by TI and Swedish institute Fojo — during celebrations to mark Anti-Corruption Day 2019.
Also feted was DPP Noordin Haji, who received the Leadership Integrity Award for exemplary leadership and strategic direction to his office. Haji has dedicated the trophy to the staff at the ODPP, saying it was their team effort that propelled him to win the award.
Rights activist Okiya Omtatah was feted with the Uzalendo Integrity Award for his petitions against the currency printing tender to De La Rue and the nomination of NCIC commissioners, and for compelling the police to use toll-free numbers.
The Whistleblower Award went to Spencer Sankale, CPA Wilberforce Serem, Stanley Shina Yiaile, and Anthony Yiaile. They were “feted for their individual and collective significant role in whistleblowing on the Maasai Mara University corruption scandal”.
Activist Renny McKenzie won the Leadership Integrity Award for the preparation and submission of petitions and memoranda pointing out illegalities and irregularities in the 2018-19 budget estimates.
The Transparency Integrity Award went to Jeremiah Manda and Antony Maina. They independently called to attention issues of accountability and sought justice against harassment of Kamulu business owners by county officials.
The DPP, in affirming the place of Judge Ngugi's ruling, warned suspects seeking to use other courts to break their bail terms that they will be in for a shock.
“We have seen other arms of government disregard the rule of law. Such atrocious acts shall not go unpunished.”
Ngugi’s ruling was brought to a test recently when the Senate ruled that Waititu and Lenolkulal are allowed to run county affairs remotely. The decision by Deputy Senate Speaker Kithure Kindiki (Tharaka Nithi) posited that the two can manage their counties as long as they don’t operate from their offices.
However, the DPP warned that the decision could set a bad precedent for other state agencies, hence cause a breakdown in law enforcement.
“Parliament has no authority to overturn a court ruling. They are being bold because judges want to set the precedent,” Haji said.
“If we allow this to continue, the police will come out and say they don’t want to be investigated. They will want administrative action, same to governors, KDF officers and so on."
(Edited by F'Orieny)
