A Tale of Judicial Courage

Lady Justice Mumbi Ngugi’s Bravery that Gave Back Some Life to the Dying Edicts of Chapter 6 of the Constitution

Abstract

This paper responds to and critiques the foregoing paper by O’kubasu: “Ruinous Judicial Activism: What a Solemn Scrutiny of the Ruling of Justice Mumbi Ngugi in the Moses Kasaine Lenolkulal Case Reveals.” The author argues that contrary to the assertions by O’kubasu, the ruling, which barred Lenolkulal from accessing his office, did not seek to have the governor step aside, like other public officers, neither did it remove him from office as contemplated by Article 181 of the Constitution and section 33 of the County Government Act. The condition was/ is reasonable and fits perfectly within Articles 24, 27, 49(1) (h) and 50 of the Constitution and therefore is legal and proper. Having noted the magnitude to which corruption levels have grown, in spite of an impressive array of existing laws and institutions to fight it, and the ascent to public office by persons with unresolved issues of integrity, it is argued that the decision of Mumbi J in the Lenolkulal case is not only a brave stand for the values of Chapter Six and the Rule of Law, but it also provides an opportunity to further salvage Chapter Six of the Constitution, which has for a long time been on its death bed. With the decision having been relied on in other cases, it is hoped that Chapter 6 of the Constitution shall fully resurrect and give a beacon of hope for the continued constitutional transformation of the democracy that is Kenya.