Samburu Governor Moses Lenolkulal has appealed against Justice Mumbi Ngugi’s decision to decline to exercise her powers of revision over a ruling that bars him from accessing his office.
He is charged alongside 13 others and faces four counts, including conspiracy to commit an offence of corruption, abuse of office and unlawful acquisition of property contrary to the law.
On Wednesday last week, Lenolkulalon, through lawyers, sought revision of the directions issued by the trial court, which gave interim orders prohibiting him from accessing county government offices, pending the hearing and determination of his case. But Ngugi declined to exercise her powers of revision over the trial court decision.
In his application, he argues that he is a holder of a constitutional office, hence, even though he is charged with an offence of corruption, he should continue performing his duties during the trial.
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.
