STATEMENT OF THE COUNCIL OF GOVERNORS ON THE PRESIDENTS STATE OF THE NATION ADDRESS.
Updated on: Mar 30, 2015
1.There is an elaborate constitutional and statutory procedure for the removal of a Governor from office. Governors are not appointed by the president. They are elected by the People. They can only be removed from office after due process as required by the constitution. There is no provision in the constitution for Governor to step aside. Equally, there are no provisions for the President or his Deputy to step aside. Just like Governors, they are elected state officers. All Kenyans are aware of the situation facing the Deputy President. He is facing serious criminal charges at the International Criminal Court. Kenyans have not demanded that he steps aside. He is innocent until proven guilty. What about Governors and members of Parliament some of whom the Ethics and Anti Corruption Commission has not even bothered to call for an interview leave alone preferring charges against them in a court of law? Certainly the cannot quit office upon mere allegations being made against them .They must be subjected to due process. Not the law of the Jungle.
2.The President has no constitutional and statutory mandate to direct the Ethics and Anti-Corruption Commission, the Director of Public Prosecutions and the Judiciary on how and when to undertake their constitutional responsibilities. These institutions are independent. They play a key role for the maintenance of the rule of law. They are supposed to be persuaded only by the weight of the evidence. Not political statements or posturing. Kenya will slide into a dangerous path if independent institutions such as the Ethics and Anti-Corruption Commission and the Director of Public Prosecutions exercise their powers only after being prompted by an external force(s)
3.The Council notes that there is a constitutional and statutory process of dealing with all complaints lodged with Ethics and Anti-Corruption Commission. Due process must be adhered to and investigations be allowed to proceed without interference.
4.The Council has demanded EACC and Parliament to furnish it with a copy of the confidential report tabled by H.E President in Parliament. The Council of Governors will substantively respond to the content of the report as soon as the report is availed.
5.Any Council member mentioned will undertake to avail their time once called upon by EACC In undertaking any investigations on all the complaints lodged.
6.At this point in time the Council notes that all elected Governors have a constitutional mandate to continue being in charge of County Governments as provided for in the constitution.
7.For the avoidance of doubt the COG will continue to support the fight against corruption. But the President should let independent institutions undertake their mandate without interference whatsoever.
Signed By:
27TH MARCH 2015