Prof Makau Mutua hail court’s Land Mark ruling

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By COUNTY DIARY

The Kenya top members of the bench expressed mixed reaction over the landmark ruling that was delivered by no-nonsense high court Judge hon Mumbai Ngugi.

The judge had ruled that all state officers facing graft charges including the County Governors Must hand over power to their deputies and step aside until they are cleared by the court.

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Kiambu Governor hon Ferdinand waititu among Governors facing graft charges

Professor Makau was first to throw a spin on twitter. “Kiambu GovernorBabayao was barred from the constitutional office, not a geographic location. He can’t exercise any of the gubernatorial constitutional powers no matter where he sits. Moving the physical office to Thika or Githunguri won’t help him

In a swift rejoinder, the former law society of Kenya Ahmednasir Abdullahi said ” a CONSTITUTIONALLY elected GOVERNOR CANNOT be OVERTHROWN by a WRONG/MISGUIDED OBITER DICTUM by Justice MUMBI. Her order is not LAW & its DISOBEDIENCE by any Governor including Babayao is LAWFUL & OBLIGATORY.OBITER is NOT binding in law & Mumbi expressed MISGUIDED view/opinion

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Makau added it’s not up to public officials to decide which laws and orders to obey, and which to disregard. That’s the textbook definition of impunity. Societies go to the dogs when the rule of law means nothing to the executive. Waititu can appeal the ruling, but he can’t disobey it.

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