Samburu governor appeals access to office order at Supreme Court
Samburu Governor Moses Lenolkulal has filed a notice of appeal at the Supreme Court challenging the Court of Appeal decision that held that he should not access his office pending trial over graft case.
The governor said he was dissatisfied with the decision of the appellate court which concurred greed with the High Court ruling of Justice Mumbi Ngugi declaring that elected executives cannot continue to attend to office functions when facing corruption-related charges.
“Take notice Moses Kasaine Lenolkulal being dissatisfied with the decision of the Court of Appeal given in Nairobi by Justice David Musinga, Justice Steven Gatembu and Agnes Murgor on December 20, 2019, he intends to Appeal to the Supreme Court against the whole of the decision,” reads the notice.
Last year, the Court of Appeal declined to reverse the orders of Justice Ngugi and dismissed his petition.
The appellant court held that an order barring county bosses from accessing their offices pending trial over graft charges does not amount to their removal.
Justice Jamila Mohammed read the two judgements on behalf of Justice Musinga, Murgor and Gatembu which they ruled that the Governor has not been ordered to vacate his office.
“He may access his office, but on conditions imposed by the court though his access is limited, he remains the Governorm,” ruled Justice Jamila.
The appellant court noted the allegation the imposition of bail terms barring the Governor from the county offices was tantamount to removal from office is therefore, unfounded.
