Law protects Kenyan elected leaders from being forced out

No elected leader on the list of those facing corruption queries will be required to step aside in line with President Uhuru Kenyatta’s directive because Kenya lacks the legal framework to enforce the order.

National Assembly Speaker Justin Muturi said constitutional steps must be followed to remove elected politicians from office.

However, State officers such cabinet secretaries and officers appointed by the Executive do not enjoy this protection.

Muturi said even if the elected leaders were charged, they would only vacate office after they had exhausted all appeal options.

“Article 103 of the Constitution read together with Article 99 is very clear; there is no other legal framework,” said Muturi.

During his State of the Nation address at the National Assembly on Thursday, President Kenyatta directed that all officials of the national and county governments adversely mentioned in the report presented to him by the chief executive of the Ethics and Anti-corruption Commission (EACC) step aside pending conclusion of investigations into their cases within 60 days.

• .

  Keep Reading

• 
  MP Kosgey warns land, fertiliser cartels 'eating the nation's soul'
• 
  CDF Ogolla's last moments in troubled North Rift
• 
  Ex-Museum boss Kibunja, four others released on Sh5m cash bail
• 
  From Kibaki to Ruto: Scams that hit presidents in their first terms

Policy statement

“Whether you are a cabinet secretary, principal secretary, or chief executive of a State institution, ...immediately step aside pending conclusion of the investigations of the allegations,” said the President.

“I expect the other arms of government, namely the Legislature and Judiciary, to do the same.”

The President said the report that he received from the EACC contains a raft of allegations of high-level corruption touching on all arms and levels of government.

Lawyer Dominic Rabala said the President’s speech was more of a policy statement and what might follow is enactment of laws to see to it that the elected leaders are asked to step aside.

“There is a dilemma on how to deal with elected leaders given the lack of laws to push them out of office as investigations are conducted,” said Rabala.

National Assembly Minority Leader Francis Nyenze was categorical that there was need to have a law that also brings order where elected leaders are involved in corruption cases.

“We need to harmonise laws; we cannot have a law penalising State officers for corruption while being lax on those elected. There must be order,” said Nyenze.

Mbita MP Millie Odhiambo’s post on Facebook perhaps captures the futility of the directive for elected leaders: “I have stepped aside lakini sijui to where.”