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Lawmakers Urged to Seal Loophole Allowing Accused State Officers to Stay in Office

The National Assembly has been urged to amend existing laws to compel state officers facing criminal charges to step aside from their positions until their cases are fully concluded in court.

The CEO of the Socio-Economic Development and Rights Alliance, Juma Kiboi, emphasized that this reform should apply to all public officers — from the national government to county administrations — without exception.

“The law must be clear and consistent. State officers should not be exempt from stepping aside when facing charges, just as junior officers would be required to do. This would ensure a fair process and reduce potential conflicts of interest during investigations,” Kiboi remarked.

He also stressed that the current legal environment, which allows state officers to remain in office while facing serious charges, is not conducive to effective investigations.

According to Kiboi, this situation breeds an unhealthy atmosphere where the pursuit of justice is often compromised, particularly when those under investigation continue to wield power.

“We need a law that is fair to all Kenyans. What we have today is a situation where some public officers feel emboldened to remain in their positions despite facing serious charges. This not only undermines the legal system but also creates a toxic environment for justice,” Kiboi added.

Kiboi also accused certain human rights crusaders within the activist community of taking advantage of peaceful protests for selfish gains.

He claimed that some activists are being used as pawns by political interests to instigate violence during protests, particularly among Gen Z youth.

Kiboi noted that such actions are not aligned with the true spirit of activism and only serve to sow discord and chaos in society.

“What we are witnessing today is not peaceful protests; it’s an attempt at anarchy. We do not support this,” Kiboi asserted.

He urged activists to remain committed to nonviolent means of advocacy and reminded them that the rule of law should always govern their actions.

Activism, according to Kiboi, must be rooted in lawful and peaceful means, and individuals involved in advocacy should utilize their platforms to pursue legal channels for addressing the concerns of ordinary Kenyans.

He added that there are many ways to effect change without resorting to violence or chaos.

“We can use our networks and resources to explore legal avenues to address the issues facing our people. It’s important to stay committed to lawful processes and constructive dialogue,” Kiboi concluded.

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