The Independent Electoral and Boundaries Commission (IEBC) on Thursday made a major announcement to all political aspirants indicted by constitutional commissions and independent offices stating that they would not be cleared to contest in this year's General Election.
IEBC Chief Executive Officer (CEO) Ezra Chiloba noted that the commission will not clear anyone who is still facing graft or any integrity related charges.
"We are firm that we shall play our role as required of us in law, but we shall consider and implement our decisions in the spirit of the Constitution,” said Mr Chiloba.
Mr Chiloba, however, noted that the elections body may consider clearing such aspirants if they submit to the commission proof of an appeal or review they have filed in regard to such indictments.
The announcement by IEBC puts in the spotlight the political future of several politicians, including former Devolution Cabinet Secretary Anne Waiguru and Kakamega Governor Wycliffe Oparanya, who are still facing various indictments before parliamentary commissions.
While responding to a question on the institutions that were allowed to disqualify aspirants, the CEO indicated that Parliament had competent jurisdiction over such matters and noted that the commission will consider its recommendations once it starts clearing candidates on Sunday.
The Commission boss also mentioned that apart from the National Assembly and the courts, other institutions of competent jurisdiction include the offices of the Auditor-General and the Attorney-General and the Ethics and Anti-Corruption Commission (EACC).
He, however, emphasized that Parliament and the Senate must submit the names of offending aspirants, with full evidence to the commission, if any action was to be taken.
“As long as the commission is presented with evidence, we shall make the decision to disqualify all such candidates because our duty is to respect the law,” Chiloba stated.
Mr Chiloba further noted that any decision to disqualify any aspirant will be pegged on Article 193, which provides for circumstances under which aspirants for a seat in county assemblies can be disqualified from contesting in a general election and assured all aspirants of a fair process.
EACC deputy secretary Michael Mubea on his part supported Mr Chiloba’s position, saying it represents the joint position of the multi-agency group under the Chapter Six commissions.
“The decisions we make will be based on information available and the law before we forward such information to the IEBC,” Mr Mubea stated.
