GREY AREA

Court's terms on barring governors from office unclear on perks

Officials denied access to office continue to enjoy perks of the title

In Summary

• Some governors have just shifted base and therefore, it is business as usual.

• Given the powers at the hands of the political class–particularly with devolution–it is important the country weighs on this grey area for clarity.

Governors Moses Lenolkulal (Samburu) and Kiambu's Ferdinard Waititu (impeached).
CHARGED WITH GRAFT: Governors Moses Lenolkulal (Samburu) and Kiambu's Ferdinard Waititu (impeached).
Image: FILE

In the wake of the courts ruling barring governors from accessing their offices the matter continues to stoke controversial interpretations. Questions have also come up on perks of the title during the trial. 

Some governors have just shifted base and therefore, it is business as usual. What then is an office? Does the term refer to the physical location, known address or the functions and instruments of power too? 

It would not add weight to deny one access to his office while allowing them to continue to enjoy the functions and privileges of the same office, executing their duties unperturbed from another location.

Given the powers at the hands of the political class–particularly with devolution–it is important the country weighs on this grey area for clarity. Would a CS or a chief continue discharging their functions at home while suspended? If not, the same must apply to governors. 

Official functions of an office must be carried out in defined addresses and not in bars, homes or private offices. Buildings and their locations define government, including resolutions derived from state buildings.

We are likely to see governors executing their work from their bedrooms, lodges and in their Nyama Choma joints, eroding the importance citizens have placed on government. 

 

Migori