After immunity, governors want impunity; they can’t have either

Justice Mumbi Ngugi’s ruling that government officials step aside once charged with graft is written in the simplest of English and devoid of Latin legalese, that any governor with a basic understanding of English would know what it means.

This followed Samburu Governor Moses Lenolkulal’s application to be allowed to carry on despite corruption charges against him.

For the governors’ benefit, here is an excerpt from the ruling: “Kenyans could not have adopted Constitution 2010 to allow State officers to ride roughshod over the integrity required of leaders, face prosecution in court over alleged corrupt dealings and still continue to enjoy the trappings of office as they face corruption charges alleged to have been committed while in office....”

Staying away from office once you are charged in court for corruption just means staying away — in any language.

Governors are getting carried away by their egos even when implicated in graft, while ego has very little to do with the criminal matters that they face.

What is being determined of any suspect — be it as governor or any other citizen — in a criminal case is their culpability.

COG'S FOLLY

The onus is on the suspects to rebut the claims. And governors have a great opportunity to do so in court. They should consider themselves lucky.

Many who steal the proverbial chicken in the village meet with death before they even reach the nearest police post.

Any means used to ensure due process is stipulated in the law. If that takes keeping suspects away from scenes of crime, which corrupt governors’ offices become, so be the law.

It is not the Council of Governors on trial as an entity but individual governors who chose to steal from public coffers.

CoG is not doing itself a favour by standing shoulder to shoulder with corrupt members.

It makes the rest complicit and exposes them to unnecessary litigation through vicarious liability.

Corruption has been damaging to the country and if CoG, as our leaders, don’t see that, then we are in an even deeper hole.

Last year, we thought it was bizarre when CoG demanded immunity for corrupt governors and they now want to be allowed to revel in impunity as we stand by and watch.

There is no democratic and sane society that will entertain the kind of impunity being perpetuated by CoG.

NEED FOR GUIDANCE

Governors must obey the law and stay away from public coffers. It is that simple. They are not above the law.

CoG should not allow itself to be used as a canopy by corrupt governors. It should educate them on the perils of corruption and clean its house, not demand cover for their misdemeanours.

Immunity and impunity are not a panacea for corruption.

The DCI, EACC, DPP and the courts need an environment that is free from threats and bullying to succeed in the corruption war.

CoG must not usurp the work of the Judiciary and criminal justice system by coaching them on how to do their job.

If some of the governors behaved in a criminal or gangster way, they should expect to be taken as they come — as criminals and gangsters.

The law cannot lay out a red carpet for governors who act outside the law by stealing from the public.

The thorny issue in the political sphere has been the character of some of the governors with a few having been accused of using forged academic papers, embezzling public funds and being complicit to murder.

KENYANS ARE FED UP

CoG has not been forthcoming in condemning such actions or telling the country how it plans to deal with rogue elements among their rank and file.

They were mute, too, as hell broke loose at the Nairobi City County and only came out after the horse had bolted.

Do they lose their tongues and only get them back when a governor is charged with corruption? Do they condone corruption?

Things must change around here! Kenya is angry and fed up with corruption and you can tell from King Kaka’s song, "Wajinga Nyinyi", and the unanimous agreement with his sentiments, that Kenyans are running out of patience with corrupt leaders.

CoG now needs to deal with the impunity blinding them to the rot in society and join the rest of the country to fight graft.

FALSE HOPE

And free legal advice from me: corrupt governors must also realise that any lawyer telling them that they are innocent, despite mounting evidence to the contrary, is lying.

All they are interested in is a share in the loot and then leave you high and dry.

If CoG wants to stay on the honourable side of history, it needs to give its members honest advice on matters corruption.

Giving governors false hope that their ego will save them from the claws of justice despite their culpability in theft of public funds is misleading and unfair.

Let a corrupt governor bear individual criminal responsibility!

Ms Guyo is a legal researcher. [email protected] @kdiguyo