The Independent Electoral and Boundaries Commission (IEBC) has gazetted former Kiambu Governor Ferdinand Waititu's name as an aspirant for the Nairobi Gubernatorial seat.
Waititu is among the 12 aspirants who are seeking clearance to run as independent candidates.
Other independent names seeking to run as independents include; Raymond Ndung'u, Njau Kiigi, Evans Kimuri, David William, Ibrahim Hassan, Dr Migudo, Alloys Otieno, Mathenge Mukundi, Yassin Munyanaya, Timothy Ayieko and Phyllis Njiru.
The candidates will face off with those who were fronted by political parties such as Thirdway Alliances's exiled lawyer Miguna Miguna and interested candidates such as former Dagoretti MP Dennis Waweru who is seeking Jubilee's endorsement. Former Starehe MP Margaret Wanjiru announced that she was considering running on newly formed party United Democratic Alliance (UDA).
Constitutional lawyer Apollo Mboya told Kenyans.co.ke that there was no law that prohibited impeached politicians from vying.
"Waititu has criminal cases going on. He has not been convicted. Hence, from a constitutional standpoint, he is deemed innocent until proven guilty and even if he is proven guilty, he can still appeal.
"On the question of impeachment, there is no law that bars somebody who was impeached to vie and I think that the IEBC chairperson has realised that," he stated.
Mboya explained that problems would only arise if Chebukati asked the impeached leaders to get clearances from institutions like the EACC.
The gazettement came days after the former county boss challenged the decision by IEBC to bar him from vying for the seat.
Waititu argued that he had not been convicted of any offence, hence, had the right to vie for the gubernatorial seat.
“As it stands, the applicant in this matter has not been convicted of any crime and has fully complied with all electoral guidelines provided when running for the aforementioned electoral position,” the court documents stated.
He also accused the Ethics and Anti Corruption Commission (EACC) of leading a smear campaign against him and acting as the judge, jury and executioner since the case against him was still pending.
IEBC Chairman Wafula Chebukati had warned that no impeached leader would be cleared to vie in the upcoming by-elections.
The commission said it would not clear persons who had been removed from office or impeached on grounds of violating the integrity chapter of the constitution.
