Update. 12:18 p.m: IEBC Chairman Wafula Chebukati has warned that no impeached leader will be cleared to vie in the upcoming by-elections. He assured that the law will be followed in the clearing of aspirants.
Former Kiambu Governor Ferdinand Waititu and ex-Nairobi Governor Mike Mbuvi Sonko have suffered a major setback in the forthcoming by-elections after the Ethics and Anti Corruption Commission (EACC) moved to bar them from contesting.
The EACC in a statement dated December 29, stated that any person intending to contest in the by-elections must meet the threshold required of the person by Chapter Six of the Kenyan Constitution 2010.
The commission said it would not clear persons who have been removed from office or impeached on grounds of violating the integrity chapter of the constitution.
Both Sonko and Waititu were impeached on charges that included a breach of Chapter Six of the constitution.
The chapter prescribes the standards of leadership and integrity for public office. Compliance with chapter six is a mandatory requirement for appointment or election to public office.
The EACC's pronouncement deals a blow to Waititu who recently entered the race for the vacant Nairobi gubernatorial seat following Sonko's impeachment.
Waititu was impeached as Kiambu governor on January 29, 2020, on charges of violation of the Constitution of Kenya 2010, crimes under the National Law and abuse of office/ gross Misconduct.
Sonko, who has been touted to eye the Machakos Senate seat was ousted on similar allegations of gross misconduct and abuse of office
The move by EACC was prompted by the number of independent candidates who have tossed themselves in the ring for election or reelection.
"EACC notes the recent declaration by the Independent Electoral and Boundaries Commission (IEBC) of various vacancies in various elective offices of Governor, Senator, Member of Parliament (MP) and Member of County Assembly (MCA) across the country.
"EACC wishes to inform the public that while the constitutional responsibility to clear aspirants to vie for various positions lies with IEBC, EACC is mandated to enforce the provisions of Chapter 6 of the Constitution, including the mandatory integrity requirements for all the candidates. EACC has a constitutional responsibility to advice IEBC on the integrity compliance status of all candidates pursuant to chapter 6 of the constitution," EACC CEO Twalib Mbarak stated.
He further advised that all persons offering themselves as independent candidates or seeking nominations for election must meet the integrity threshold under Chapter 6 of the constitution.
The EACC noted that an aspirant is disqualified if s/he has been dismissed or otherwise removed from office for contravention of Chapter 6 of the constitution or its enabling legislation, in accordance with Article 75 (3) of the constitution.
Mbarak stated that if an aspirant, in accordance with any law, is found to have misused or abused a state or public office, s/he be disqualified.
“For the avoidance of doubt, the finding contemplated in these clauses includes the finding of a court of law and any other competent agency mandated to interpret or apply the Constitution or any written law,” Mbarak stated.
He further announced that the EACC will conduct an integrity vetting of all candidates for the upcoming by-elections and communicate its findings with the IEBC.
“EACC calls upon all Kenyans to take up and effectively discharge their constitutional responsibility in accordance with their sovereignty provided under Article 1 of the Constitution. Voters should strive to elect men and women of integrity. Whereas EACC and other law enforcement agencies are tasked to vet candidates for integrity suitability, the ultimate and most effective vetting is vested in the citizens’ unfettered powers to cast votes and freely elect leaders of their choice,” Mbarak urged.
He urged Kenyans to elect leaders based on integrity.
The declaration by EACC has attracted mixed reactions from the political class with former Senate Majority Leader Kipchumba Murkomen differing with the commission's interpretation of the law.
"It was never intended that a conviction or impeachment under our Constitution should condemn anyone to eternal political purgatory. Any other interpretation is incongruous and absurd," Murkomen stated.
