Civil society groups now want the Independent Electoral and Boundaries Commission (IEBC) to bar Deputy President William Ruto’s running mate, Rigathi Gachagua, from contesting for an elective seat.
Gachagua was listed among 25 other politicians accused of graft and other integrity issues. The 25 were said to have pending cases in court.
The activists asked the High Court to direct the Wafula Chebukati-led commission not to clear the politicians ahead of the August 9 polls.
Eight United Democratic Alliance (UDA) and 10 Azimio la Umoja-One Kenya coalition party politicians were put in the spotlight.
Listed alongside Gachagua were Governors Anne Waiguru, Muthomi Njuki and Sospeter Ojamong of Kirinyaga, Tharaka Nithi and Busia respectively, Mombasa gubernatorial aspirant Mike Sonko, MPs Babu Owino, John Waluke and Aisha Jumwa.
Others are Kakamega Senator Cleophas Malala, Kimilili MP Didmus Barasa and former Nairobi governor Dr Evans Kidero.
The above were said to be unfit for vying as they were charged in court for misuse of power, graft, breach of public trust and other serious offences.
“We have currently filed a petition in court seeking an interpretation on the minimum integrity threshold of candidates seeking appointed positions in public service,” the activists stated.
“If you have been charged then you should be barred from running for office,” they added.
The petition came a few days after IEBC moved to stop impeached public officials from running for elective seats in August.
IEBC reportedly instructed returning officers not to clear such candidates unless directed by a court order.
“Even without the court order mentioned, Article 75 of the Constitution is self-speaking and self-executing. It is clear and does not require to be qualified to take effect,” stated IEBC Chief Executive Hussein Marjan.
Chief Justice, Martha Koome, while speaking to Spice FM, further advised the courts and politicians against interpreting court rulings.
“If you're impeached, you're permanently impeached. Even if you have a case in court, you are still impeached.
“The appeal does not take away the sentence. I think we interpret the law for our benefit. If I want to benefit, I will interpret it the way I want but the law remains the law,” she explained.
