The Ethics and Anti-corruption Commission (EACC) wrote to former National Police Spokesperson Charles Owino, asking him to respond to questions relating to his conduct during the August 2022 General Election.
Owino who is currently serving as Deputy Director Kenya National Focal Point on Small Arms and Light Weapons will have to demonstrate that he did not contravene the law barring public servants and civil servants from politics while still in office.
"Notice to give an explanation on failure to observe political neutrality as a public officer," EACC demanded that Owino explains.
Owino was accused of taking part in politics contrary to the law that prevents public servants from taking active campaigns.
Section 43(5) of the Elections Act provides that "A public officer who intends to contest an election under this Act shall resign from public office at least six months before the date of election."
Owino is among the 26,536 persons who were processed and cleared by EACC before the August 2022 General Election.
The career cop withdrew from the Siaya gubernatorial race where he was running on a joint United Democratic Movement (UDM) ticket with former Rarieda MP Nicholas Gumbo.
He rejoined the Police Service on Wednesday, May 18th, 2022 to serve as the Deputy Director of the Kenya National Focal Point on Small Arms and Light Weapons.
Owino's exit technically left Gumbo, who was touted as a frontrunner in the race pitting him against the then Siaya Senator James Orengo, without a running mate.
The matter of public servants' participation in politics was well-conversed in High Court, and eventually, Justice Anthony Mrima ruled that civil servants seeking elective office must resign six months to the date of the General Election.
“They [civil servants] cannot have one leg in public service and another at their elective area. The law was designed to aid them to make up their minds on where they want to maximise their energies,” the judge clarified.
“Six months before the election date is sufficient time for them to prepare themselves to meet their fate at the election box. A longer period would be unreasonable and a shorter period would be more unreasonable."
