Senators oppose bill seeking to give Governors immunity

Narok Senator Ledama Olekina (pictured) has opposed the bill that seeks to protect governors from prosecution during their term in office. Senator Olekina said that bill is against the principles of democracy and it would be like telling the Governors 'to continue looting.'

He said he would not vote for the bill, which is fronted by Nandi Senator Samson Cherargei.

“There is need to change this country, Cherargei’s proposal will not get my vote,” Olekina said.

He said the governors are becoming indiscipline and time has come to tame them and it will not be in order to change the law for their immunity.

He argued that such changes would make the county chiefs irresponsible and would feel superior.

“It will not be in order to do that, it is like telling them go ahead and loot,” he said.

His counterpart, the Nominated Senator Isaac Mwaura concurred with him in lashing out at the bill. 

Mwaura said that the Senate cannot support corruption and Governors must be subject to the law. He added that allowing such a change would amount to supporting corruption.

“I do not agree and Senators cannot be the seen to be supporting corruption, let Governors face the law,’ Senator Mwaura said.

This comes after Nandi Senator Samson Cherargei yesterday revealed that Senators are planning a bill that will shield governors from criminal and civil proceedings while in office.

Mr Cherargei said the bill is meant to change the constitution to give immunity to county chiefs against any form of prosecution.

Cherargei is also Senate's Legal Affairs and Human rights committee chairman. 

 “Just like the President and his deputy are protected from any form of prosecution while in office, governors should not be charged until when they are out of office,” said Cherargei.

The Senate's actions come on the back of a ruling by Court of Appeal judge Mumbi Ngugi who asserted that governors facing graft charges should not set foot in their offices until the cases are concluded.

Cherargei argued that the prosecution of sitting governors was killing devolution since governors, just like the president, make executive decisions of importance to counties.

 “This bill should not be mistaken to mean that we condone corruption. All we want is for services at the counties to continue uninterpreted even when governors are being investigated," he said.

"Let governors be pursued and charged after they leave office. The constitutional amendment will only give immunity to the county bosses at the time they are in office.”

Cherargei also averred that the fight for governor's immunity has been motivated by the fact that some prosecutions are being mooted to settle political scored.

 “We do not want a scenario where county bosses are victimised for failing to tow a certain political line," the Nandi senator said. 

"The fight against corruption should not be used to settle political scores or intimidate governors.”

Cherargei stressed that the recent Court of Appeal decision to bar governors facing graft charges from accessing office is setting a dangerous precedent.

“Devolution is under attack from the Judiciary, rogue MCAs, National Treasury and the Executive,” he said.

Additional reporting by Fred Kibor