THE MUMBI RULING

Charged governors must stay out of their offices

In Summary

• Last week Justice Mumbi ruled that the Samburu governor should not return to his office until his case is finished.

• Leadership Code is explicit that a state officer should be removed if misbehaving or demeaning the office.

Judge Mumbi Ngugi during the mention in a case in which Baobab Hotel was sued over racism by Duncan Muriuki.
Judge Mumbi Ngugi during the mention in a case in which Baobab Hotel was sued over racism by Duncan Muriuki.
Image: FILE

A fierce battle is being waged in court by Kiambu Governor Ferdinand Waititu to remain in office despite being charged with fraud.

Yesterday a magistrate's court granted him bail but ordered that he should not return to his office until his case is resolved. 

Waititu's lawyers had tried to argue that the court was usurping the place of the electorate by removing Waititu from office. But he is still Governor, only he has to stand aside until his case is resolved.

 

The magistrate relied on last week's ruling from Justice Mumbi Ngugi that Samburu Governor Moses Lenolkulal should not return to office until his case is resolved.

The Leadership Code in the Constitution is explicit that a state officer should be removed if found to be demeaning the office or benefitting improperly.

Politicians fought a rearguard action by legislating that officers should not be removed until found guilty and any subsequent appeal dismissed. This makes it impossible to fight corruption as a charged officer then remains in charge of his office and the evidence.

Justice Mumbi's judgment should be supported by all right-thinking citizens and institutions.

Quote of the day: "It is the duty of righteous men to make war on all undeserved privilege, but one must not forget that this is a war without end."

Primo Levi
The Italian author was born on July 31, 1919