Senator Wants Law Changed to Grant Governors Immunity from Prosecution

Nandi Senator Samson Cherargei has proposed changes to the Constitution to grant governors immunity from prosecution while in office, just like the president.

Senator Cherargei, a lawyer, argues that the move will protect devolution, which he claims is being stifled by the Executive arm of the government. He notes that Kenya should borrow from Nigeria, where governors enjoy immunity from prosecution.

Cherargei, who also chairs Senate’s Legal Affairs and Human Rights Committee, claimed that the charging and barring from office of Governors Mike Sonko (Nairobi), Ferdinand Waititu (Kiambu) and Moses Lenolkulal (Samburu) was part of the Executive’s plot to kill devolution.

“The ruling against the three governors shows devolution is under threat; we have even seen some government operatives addressing governors as provincial commissioners while the courts have issued rulings to appease the Executive.," he said in an interview with Daily Nation.

"The Judiciary is driven by morbid fear because its resources were slashed. That’s why I propose a change to the Constitution to give county chiefs immunity against any form of prosecution."

He further argued that the courts do not have the power to remove elected leaders from office even as he affirmed that he supports the war against corruption.

“According to our Constitution, only the voter has the power to remove a leader from office. It’s not the work of courts, the DCI or DPP, which has become the Directorate of Political Persecution,” he noted.