Governors should leave office until cases settled

On Wednesday the High Court made a landmark ruling relating to governors facing graft charges.

Justice Mumbi Ngugi ruled governors should step aside once they are charged for a criminal offence. She declared 62(6) of the Anti-Corruption and Economic Crimes Act unconstitutional.

Governors and other elected leaders have been using this section to hang onto office despite demands by DPP  Noordin Haji that they step aside once charged in court.

They have insisted they are innocent until proven guilty and have a right to stay in office until their trials are concluded; this can take years.

Justice Ngugi's ruling must be hailed and her ruling could not have come at a better time to propel the graft war forward.

There have been allegations that governors and constitutional officeholders have interfered with evidence and tampered with witnesses after returning to their office following criminal charges.

There are also ethical as well as practical considerations. Clause 75 of the Constitution says that politicians and officials who infringe the provisions of the Leadership Code should be removed from office.

With the ruling, governors charged must step aside voluntarily and if they don't, the DPP should ask the court to kick them out until their cases are heard and determined.

Quote of the Day: “There is only one corner of the universe you can be certain of improving, and that’s your own self.”

Aldous Huxley

The English author was born on July 26, 1894.