Exposed: IEBC plan to bar rogue nominees

What you need to know:

  • IEBC may consider clearing such aspirants if they submit to it proof of an appeal or review they have filed in regard to such indictments.

  • Senate committee had asked for an explanation from the commission on what it will require to disqualify state officers.

  • Mr Chiloba said Parliament has competent jurisdiction over such matters.

Political aspirants who have been indicted by constitutional commissions and independent offices will not be cleared to to contest in this year's General Election, the elections agency said on Thursday.

The Independent Electoral and Boundaries Commission may, however, consider clearing such aspirants if they submit to it proof of an appeal or review they have filed in regard to such indictments.

SPOTLIGHT

The announcement by its commission secretary and chief executive officer Ezra Chiloba puts in the spotlight the political future of several politicians, including former Devolution Cabinet Secretary Anne Waiguru and Kakamega Governor Wycliffe Oparanya, who have political ambitions despite legislators’ disapproval.

Mr Chiloba spoke during a consultative meeting involving the Senate and constitutional oversight bodies at Parliament.

Among those in attendance were officials from the Ethics and Anti-Corruption Commission, the Office of the Auditor-General, and the Directorate of Public Prosecutions.

“We are firm that we shall play our role as required of us in law, but we shall consider and implement our decisions in the spirit of the Constitution,” said Mr Chiloba.

STATE OFFICERS

The Senate committee had asked for an explanation from the commission on what it will require to disqualify state officers, mainly governors, who have shown contempt by snubbing its summonses.

On Wednesday, the National Assembly adopted the report of the Public Accounts Committee on the National Youth Service scandal.

The gist of the report was that Ms Waiguru is not fit to hold public office, which then puts her political ambitions in jeopardy. Ms Waiguru is the Jubilee nominee for the Kirinyaga governor's seat.

The same fate could befall Mr Oparanya, who in the past four-and-a-half years has engaged the Senate in a cat-and-mouse game by rejecting summonses to appear before it to account for billions of shillings allocated to the county.

Besides seeking to disqualify Mr Oparanya from the August race, the Senate committee has further asked the Inspector-General of Police and the Director of Public Prosecutions to arrest and prosecute the governor over the financial impropriety.

COURTS

Thursday’s announcement by the IEBC means that the two, and others facing such proceedings in the National Assembly or the Senate, could be barred from the August elections unless they seek review or appeal of the decisions the two legislative houses have separately made against them.

Mr Chiloba said Parliament has competent jurisdiction over such matters and noted that the commission will consider its recommendations once it starts clearing candidates on Sunday.

Besides the courts, other institutions of competent jurisdiction include the offices of the Auditor-General and the Attorney-General and the Ethics and Anti-Corruption Commission.

However, Parliament and the Senate must submit the names of offending aspirants, with full evidence to the commission, if any action is to be taken.

“As long as the commission is presented with evidence, we shall make the decision to disqualify all such candidates because our duty is to respect the law,” said Mr Chiloba. “Disqualification means appeal or review of such indictments.”

ARTICLE 193

Asked by Senator Anyang' Nyong’o whether the resolutions of Parliament alone can be the basis of disqualification, Mr Chiloba answered: “Yes. Unless such decisions are challenged elsewhere, they stand.”

The commission’s guiding principle is pegged on Article 193, which provides for circumstances under which aspirants for a seat in county assemblies can be disqualified from contesting in a general election.

Mr Chiloba said the provision applies to those seeking the office of governor as well, because Article 180 (2) says the qualification for the election of a governor is the same as that of MCAs.

The commission will also be guided by the Leadership and Integrity Act, which lays down the moral and ethical basis for disqualification.

CHAPTER 6

Ethical standards will be based on misuse of public office, violations of any written law, dishonesty and misuse of public funds, and falsification of public documents.

EACC deputy secretary Michael Mubea supported Mr Chiloba’s position, saying it represents the joint position of the multi-agency group under the Chapter Six commissions.

“The decisions we make will be based on information available and the law before we forward such information to the IEBC,” said Mr Mubea.