• Council of Governors chairman Wycliffe Opranya vows the council will immediately appeal the ruling.
• He says the ruling by Judge Mumbi Ngugi is unconstitutional and is causing confusion in counties.
The Council of Governors is set to appeal a court ruling barring governors charged with corruption from accessing county offices.
Council chairman Wycliffe Oparanya yesterday said that the ruling by High Court judge Mumbi Ngugi conflicts the law on the removal of governors from office.
The Kakamega governor lamented that the ruling is causing paralysis and confusion in counties.
Oparanya said the council will file an appeal to quash it.
“The council of governors calls for respect for existing laws and laid down legal procedures. Arraigning a governor and denying him access to county offices will only emotionally charge the public,” he said.
The ruling by Ngugi has so far locked Kiambu Governor Ferdinand Waititu and his Samburu counterpart Moses Lenolkulal out of their offices.
“You can see what is happening in Kiambu. The deputy governor is pretending to have taken over and wants to sack and transfer other officials,” he said.
The County Governments Act is clear on what a deputy governor can do and what he cannot do, he said.
Oparanya addressed journalists after chairing the executive council meeting in Nairobi.
The CoG chair said operations in the affected counties have been brought to a standstill because the cabinet – the policy-making organ chaired by the governor – no longer sits.
“The deputy governor cannot chair the cabinet according to the law. If the governor is not there to chair the cabinet, then how will the county move on?” he asked.
In the ruling delivered in June, Ngugi said governors, just like other civil servants, should stay away from the office until their cases are heard and determined.
She declared section 62 (6) of the Anti-Corruption and Economic Crimes Act which state officers have been citing to remain in office as unconstitutional.
“It seems to me that section 62(6) apart from obfuscating, are contrary to the Constitution; requirements of integrity in governance, are against the national values and principals of governance and principals of leadership and integrity chapter,” she ruled.
Waititu and Lenolkulal have been barred from accessing county offices after they were charged with economic crimes.
Their deputies have taken over the running of the devolved units.
Last month, Waititu was charged with the illegal award of a tender worth Sh588 million for construction works to cronies and family members.
Lenolkulal, on the other hand, is battling an offence of conspiracy to defraud the county government of Laikipia of Sh84 million.
Appeals by the two affected governors to access their office and continue county duties have both flopped.
In Kiambu, deputy governor James Nyoro took over the governor’s role and has already reshuffled the cabinet.
Top government officials have been forced to step aside in the wake of the heightened war on graft.
Treasury CS Henry Rotich and PS Kamau Thugge are some of the top officials who are currently out in the cold after they charged with economic crimes.
(edited by O. Owino)