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Stepping Aside Practice Has No Legal Meaning

Since the time President Mwai Kibaki got into office in 2002, it has been a tradition that state officers can be asked to step aside for investigations. The assumption is that the officer may interfere with investigations. If found “Not guilty” then the officer will be re-instated. Hon. Kimunya did the same and Kenyans were happy with the move. Many other cases of high ranking government officers such as Hon. Charity Ngilu have been asked to step aside and none of them has moved to court to claim defamation or malpractice. Kenyan legislature has not yet deliberated on the practice and there is no legislation regulating the practice.
Former PM, Hon. Raila asked CS Anne Waiguru to step aside for investigations. Now the CS has moved to court alleging that her name has been injured and she has the proof of defamation. Well, she is right to sue Hon. Raila. Some section of politicians have called for her impeachment. Similar allegations have been tabled in Parliament but due to tyranny of numbers it was not successful. The same CS has testified that some money has been lost in her docket after politicians tied horn with her. She stays put. She has refused to step aside. Her name did not appear in the list of shame issued and published by the Head of State. This is what has irked the opposition.
It would be right now for legislators to consider enacting law to regulate situations of corruption and how one should step aside. At the same time it would be right to design legal framework that shall ensure that stolen money is recovered and put back to the public coffer. It is the public money and if there is no accountability then there shall be money laundering in Kenya. Kenya is losing lots of money in corruption. In this manner, the value of the money is dropping as inflation is growing.
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About Peter Onyango

Dr. Peter Onyango O. is one of our main contributors. He is a senior law lecturer, a writer, a consultant, peace ambassador, and a researcher. He assists so many professionals, legal minds, and debaters with his skills and scholarly wealth! He supports children and village community as a way of giving back to community. He edits, proof reads, and publishes various articles for our page!

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