By Luke Awich

Director of Public Prosecution Noordin Haji has welcomed the ruling upholding a High Court verdict compelling all governors charged with corruption to step aside.

“It is the duty of all of those who are placed in such positions of trust to understand that the public requires to be served and not be consumed by those they place into such offices,” Haji said. 

High Court Judge Mumbi Ngugi barred from accessing office governors and other state officers charged with economic crimes.

The landmark ruling has been the subject of an appeal by both governors Moses Lenolkulal (Samburu) and Ferdinand Waititu (Kiambu) who were barred from accessing office over ongoing multi-million corruption cases against them.

Nairobi Governor Mike Sonko who is equally barred from accessing office on same grounds has indicated he will appeal the order.

On Friday, appellate court justices Jamila Mohammed, David Musinga, Steven Gatembu and Agnes Murgor ruled that the order is a constructive measure and does not amount to removal from office.

Haji said the ruling upheld the centrality of public interest as an essential consideration where public officials abuse the public trust.

“The DPP welcomes the ruling of the Court of Appeal in upholding the decision of the High Court barring from accessing the office governors who have been charged with criminal offences,” Haji said in a statement to newsrooms.

The DPP said the ruling was a landmark decision in a country where public officials have increasingly treated their public offices as personal property.

The prosecutor assured that his office will be at the forefront in discharging its mandate without fear or favour in the interest of justice.

In her much-celebrated July 24 ruling, Ngugi declared a section of the law protecting governors charged with criminal offences unconstitutional.

She termed Section 62(6) of the Anti-Corruption and Economic Crimes Act which state officers have been using to cling to office as “entrenching corruption and impunity in the land”.

“It seems to me that Section 62(6) apart from obfuscating […] are contrary to the constitutional requirements of integrity in governance, are against the national values and principals of governance and principles of leadership and integrity in Chapter Six,” Ngugi ruled.

Source: The Star