Obado’s biggest threats would be MCAs, who can kick off impeachment proceedings. “If the county assembly feels that a governor is engaged in gross misconduct, they don’t need to wait for the criminal trial to end, they can begin the political process of removing the governor,” he said.
City lawyer Soyinka Lempaa yesterday said the Judiciary lowered the integrity threshold when it allowed President Uhuru Kenyatta and DP William Ruto to contest for the presidency in 2013.
At the time, the two leaders were facing crimes against humanity charges at The Hague.
“One of Article 50 rights is the presumption of innocence until proven guilty. Uhuru and Ruto were able to use that to vie for the presidency and deputy presidency when they were charged with crimes against humanity… crimes against humanity are more serious offenses,” Lempaa told the Star.
“So Obado will be charged tomorrow [Monday] and by Tuesday he will be back in office because we expect him as governor to have a lot of money to give cash bail of even Sh5 million or whatever amount,” the lawyer said.
He can legally stay in office, but he has Kinoti and the DPP pursuing him for a very brutal murder, while the anti-corruption machinery tears down his not-so-intricate web of thievery and gross embezzlement.
It really does not matter whether he stays in office or not as long as his physical representation remains in jail. I highly suspect the judge will refuse him bail given the nature of the crime. A hoi polloi faced with similar charges would never leave prison.