• The ruling delivered on July 24 has forced governors Ferdinand Waititu (Kiambu) Moses Lenolkulal (Samburu) and Mike Sonko (Nairobi) to relinquish duties.
• All three were charged with corruption and abuse of office-related offences
Image: HILTON OTENYO
Governors have said they will petition the Supreme Court to overturn a ruling by High Court Judge Mumbi Ngugi barring from office county bosses charged in court.
The ruling delivered on July 24 has forced governors Ferdinand Waititu (Kiambu) Moses Lenolkulal (Samburu) and Mike Sonko (Nairobi) to relinquish duties.
All three were charged with corruption and abuse of office-related offences.
Under their umbrella body – the Council of Governors – the governors protested the landmark ruling.
CoG maintains the ruling conflicts the law on the removal of governors from office and causes unnecessary crises in the counties.
On Monday, CoG chairman Wycliffe Oparanya termed the move ‘a matter of common interest’ and said they will ask the Supreme to allow governors to stay in office as their cases are heard and determined.
“The county governments will urgently move to court over the ruling seeking governors to step aside when charged on corruption matters as has been witnessed in the cases of Kiambu, Samburu and Nairobi county,” Oparanya said.
The decision was reached at a full council meeting on Friday last week convened to discuss issues affecting the operations of the county governments.
The move by the governors comes at a time the Court of Appeal is expected to make a determination on whether county bosses charged with corruption should step aside or not.
In the ruling, 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 principles of governance and principals of leadership and integrity chapter,” she ruled.
The Kakamega governor said the CoG is closely following the happenings in Nairobi and will seek an advisory opinion from Attorney General Paul Kihara and Supreme Court on the way forward.
“Nairobi’s case is a unique situation. We agree as the council that we will seek an interpretation from the Attorney General and the Supreme Court,” Oparanya said.