Justice Mumbi Ngugi last week delivered a ruling that State officials charged with economic crimes vacate office until their cases are heard and determined. Governors, for example, would hand over to their deputies to take charge during trial.
This is expected to make politicians and other public officials climb down from their lofty perches that they cling to citing the principle of being innocent until proven guilty. However, the judge ruled that the anti-corruption law covering those charged from stepping aside during prosecution was unconstitutional.
Although legalities are rich in nuances, public officials ought to realise that they hold offices in trust and any breaches hurt confidence in them, after which they cannot effectively execute their duties. So, leaving office during prosecution is the morally right thing to do.
While the law presumes the accused innocent until proven guilty, the indisputable protection for everyone is the moral pillar. Stepping aside should be seen past the prism of a job. It gives the officials a chance to clear their names. The prospect of losing high profile roles and considerable influence would force those in office to observe moral firmness and work within the confines of the law.
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