by EUGINE ONYANGO on 10th june 2022
Ethics and Anti-Corruption Commission has launch a fresh bid to bar candidates cleared by IEBC to run for various posts. they have move to court to block the candidate with integrity issues from contesting in august polls.
Lawyers representing the anti-corruption agency argued that the electoral body should not have cleared all the candidates in the list of 241 politicians blacklisted last week.
However, IEBC told off EACC stating that it would not be compelled to block all the candidates as some of them had ongoing court cases and are innocent until proven guilty.
EACC cited the 2017 polls where flagged candidates were cleared despite recommendations from various investigative agencies asking IEBC not to do so.
“At around this time five years ago, EACC shared with IEBC a list of 106 of the aspirants who had integrity issues and the majority were cleared,” EACC’s lawyer, Phillip Kagucia, argued.
“The EACC cannot direct the IEBC on how to conduct its mandate. What it does is to avail material to IEBC to interpret the document. The IEBC is not a conveyor belt to act on material as recommended,” Charles Mwongela, IEBC’S lawyer, argued.
Those who were blocked from contesting on impeachments grounds include Mombasa gubernatorial aspirant Mike Mbuvi Sonko and UDA aspirant for Kiambu Senatorial seat, Karungo Wa Thangwa
While making a determination on the eligibility of the 241 politicians to contest on June 4, IEBC chairperson, Wafula Chebukati, stated that it would be against the Constitution to block candidates who had active cases as they had not been convicted.
“The three aspirants who were impeached are disqualified from contesting. A person who is removed from office in contravention of Chapter 6 of the Constitution is barred from holding any seat elective or appointive.
“Cases of aspirants under investigation are 11; one presidential aspirant and 10 gubernatorial aspirants. They are not disqualified by law and may contest in keeping with the presumption of innocence until proven guilty,” Chebukati stated.