MPs oppose governors demand for immunity against graft charges

Lawmakers are up in arms against governors who want to be shielded from prosecution while in office.

The Council of Governors (CoG) had on Monday said county chiefs deserve similar immunity to that granted to the President in civil and criminal proceedings.

On Tuesday, members of the National Assembly and senators said governors are misinterpreting the Constitution and their remarks raise fears that they tolerate impunity.

Speaking separately, the legislators dismissed the call, saying the immunity accorded to the President by the Constitution while in office is not meant to encourage impunity, but to safeguard the Head of State as a symbol of national unity.

"We must hold them to account because that is the law and they took an oath to uphold the law. Even the Deputy President of the republic does not enjoy that immunity," Senate Minority Whip Mutula Kilonzo Jnr said.

National Assembly’s Public Accounts Committee (PAC) Chairman Opiyo Wandayi termed the demand selfish and asked anti-corruption agencies to spare no effort in going for the governors they suspect have looted public coffers.

 “The people at the grassroots are the most vulnerable in the theft of public funds. They are not interested in these shenanigans because all they want is for the funds allocated to counties to be put to proper use,” he said.

Meru Senator Mithika Linturi accused the governors of politicising the war on corruption and said criminal liability is individual. “I had expected the CoG to hire the best lawyers for Mr Ojaamong (Busia Governor Sospeter) instead of defending him,” he said.

Mr Ojaamong faces corruption related charges.

He advised the governors to learn from countries such as Canada, South Africa and the US where corrupt officials are not spared based on their status in the society.