Governors Moses Lenolkulal (Samburu) and Ferdinand Waititu (impeached in Kiambu) are currently at the Court of Appeal in Milimani, awaiting the ruling on access to their offices.
On July 24, High Court Judge Mumbi Ngugi ruled that governors facing corruption charges should step aside until their cases are concluded.
Lenolkulal was arrested in April over suspected Sh84 million fraud at the county.
He was picked up from his Nairobi home at dawn and driven to the Ethics and Anti-Corruption Commission offices over conspiracy to commit an economic crime.
Director of Public Prosecution Noordin Haji said investigations established Lenolkulal was trading with the county government through Oryx Service Station for the supply of fuel since March 27, 2013.
He added the Governor failed and or neglected to disclose his interest in the said service station.
The anti-graft commission obtained orders freezing Lenolkulal's bank accountsand stopping him from transferring four prime properties in Nairobi.
Also facing economic crimes charges is Nairobi's Mike Sonko.
In a certificate of urgency filed by Lawyer Harrison Kinyanjui, Sonko criticised the orders to have him escorted to his office to collect personal items.He said barring him from office is unlawful.Chief Magistrate Douglas Ogoti also ordered Sonko, who is facing a Sh380 million graft case, to stay away from office.
Chief magistrate, Lawrence Mugambi, gave the order against Waititu following a precedence set by Judge Ngugi that directed Lenolkulal not to step in his office unless authorised by anti-graft agency CEO Twalib Mbarak.
The magistrate stated that barring Waititu from office did not amount to removing him from office but was meant to protect the integrity of the court process.
“This, however, does not amount to removal from office but to ensure the court process is protected given the offence he allegedly committed took place in his office,” ruled Mugambi.
Earlier in the week, Council of Governors and Kakamega Governor Wycliffe Oparanya said if the Court of Appeal does not favour the governors, they would head to the Supreme Court.
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