Think of a Kenya that will be sending state officials packing if charged with criminal activities.. that is the Kenya we all want.
State officers who have been charged with corruption in the past have been allowed to still run their offices pending case hearing.
Last month in November the Director of Public Prosecutions (DPP) Noordin Haji announced his move to demand that the Parliament to amend the Anti-Corruption and Economic Crimes Act to bar public officers charged with corruption from holding offices and earning salaries.
Earlier today, the DPP gave an update of how far their application process is.
However, realising that the proceedings were not ready to enable them to immediately move the Court of Appeal for stay orders, they filed an application for stay of the orders of the High Court on the November, 2018.
The matter was heard and a Ruling delivered today; 4th December, 2018. The High Court has declined to stay its own orders, but has now directed that the DPP should move to the Court of Appeal for any orders that they desire.
The DPP in the statement added that he has directed his team to immediately embark on preparation of the necessary record for filing in the Court of Appeal.
Noordin Haji’s office seeks to challenge the apparent discrimination under Section 62 (5) and (6) of the Anti-Corruption and Economic Crimes Act pitting on the one hand Public Officers against State Officers by allowing immediate suspension from office of Public Officers whereas State Officers continue to serve irrespective oftheir being charged with criminal offences.
The DPP has also urged Kenyans to be patient with this move. Mr Haji said public officials continuing to hold office on full pay and benefits after being charged in court undermined the cause of justice.
As the office has moved to the court of appeal, there is hope that corrupt officials will no longer have the ‘privilege’ of holding offices with pending cases.
In some parts of the country, state officials are forced to resign if involved in any criminal activities and this keeps many officers in check.