The Independent Electoral and Boundaries Commission (IEBC) Chairperson Wafula Chebukati may not bar “corrupt” or “crime-linked” aspirants from vying for elective seats. In August.
Articles 99 (3) and 193 (3) of the Constitution bar the electoral board from striking out aspirants’ names from the ballot until corruption or criminal cases they’re facing are resolved at the highest possible court.
Article 99 provides that a person is disqualified from being elected an MP if he or she could be subject to imprisonment for at least six months as at the date of registration as a candidate.
It also applies to a person found to have misused or abused a state office or public office or in any way violated Chapter Six of the Constitution.
However, the law contains a rider saying a person is not disqualified unless all possible appeals and reviews of a sentence or decision are exhausted.
Dozens of MPs, governors, senators, as well as members of the County assembly, are facing charges of graft, attempted fraud among other breaches of integrity laws hence presumably would not be eligible to contest on August 9th.
For example, Sirisia MP John Waluke is out on bond after being convicted for the illegal acquisition of Sh297 million through a suspect maize supply deal to the National Cereals and Produce Board (NCPB).
Lugari MP Ayub Savula is facing charges of fraudulently obtaining Sh122 million from the Government Advertising Agency (GAA). Savula has already announced a bid to vie for the Kakamega governor seat.
Kibwezi West MP Patrick Musimba is charged with stealing Sh1.1 billion from Chase Bank while Nandi Hills MP Alfred Keter is facing multiple counts related to the forgery of Sh633 million Treasury Bills.
Nyeri MP Rigathi Gachagua and his eight business associates have also been charged with alleged fraudulent acquisition of public funds and conspiracy to defraud the Nyeri county government Sh27.4 million.
Former Nairobi Governor Evans Kidero is also eyeing the Homa Bay seat while Ferdinand Waititu seeks to make a comeback despite his impeachment on graft claims.
Other governors who also have pending court cases include Muthomi Njuki (Tharaka Nithi), Sospeter Ojaamong (Busia), Moses Lenolkulal (Samburu), and Ali Korane (Garissa).
Political analyst Macharia Munene on Tuesday said that, the law allows individuals with active cases to vie until they are proven guilty.
He said that Chapter Six [on integrity] of the Constitution of Kenya 2010 contradicts Articles 99 (3) and 193 (3) of the Constitution bar the electoral board from striking out aspirants’ names from the ballot.
“The law doesn’t bar anyone from vying including former Kiambu governor Ferdinand Waititu and his Nairobi counterpart Mike Mbuvi Sonko, “Munene said.
He said that the public should be the one to reject individuals with active cases as well as criminal records.
He said that articles 99 (3) and 193 (3) protect individuals from being victimized by their opponents.
During the recent interview with the media, Waititu said that he is innocent until proven guilty.
He claimed that his impeachment was sponsored by his opponents in politics.
The former governor further castigated the jubilee administration for forcefully removing him from his seat because of his close association with Ruto.
“A lot of people have suffered because of the row between Uhuru and Ruto. I was the first victim before they went for other allies, I am at peace even though they removed forcefully without following the law,” Waititu stated.
During a past interview with the media anti-graft agency boss, Twalib Mbarak said the lack of strict laws to curb crime-linked politicians from seeking elective seats could cost Kenya dearly in the long run.
He said that there is a lot of legal gaps that hinder the full implementation of the constitution.
Former Kasarani member of Parliament John Njoroge has told the Star that it will be very hard for IEBC to bar politicians from vying noting that the precedent ruling of the high court that allowed Uhuru Kenyatta and William Ruto to vie despite having cases at International criminal court.
Murang’a senator Irungu Kang’ata said that the constitution in express terms states one must convict and appeals exhausted for the barring to happen.
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