Legal loopholes may see candidates for elective posts with tainted past and unworthy to assume any public office sail through to the ballot undeterred with the August General Election fast approaching.
A good number of the aspirants face graft, incitement, assault, forgery and impersonation cases, however, the anti-graft agency admits there is little it can do to stop them.
Ethics and Anti-Corruption Commission (EACC) Chief Executive Officer (CEO) Twalib Mbarak says although the commission has the mandate of vetting aspirants before IEBC clears them, the agency has no locus standi to bar suspected criminals from vying.
He said Article 99 of the Constitution disqualifies anyone who has been imprisoned for at least six months.
Despite the legal hurdle that makes it impossible for people with questionable character from being barred from contesting, voters have a responsibility of interrogating characters of candidates and picking those that meet the Chapter Six cut.
“Our position as EACC is that someone who is facing integrity issues should not be allowed into any public office because such a person cannot be trusted with State resources. For example, if you are hiring an accountant and you get to know one of the applicants has a background of theft, will you hire them?” he posed.
Some of the candidates have been cleared while others have pending cases in court.
Migori Governor Okoth Obado, who has declared he will run for the presidency on a People Democratic Party (PDP) ticket, leads the pack of those who are at the mercy of courts.
Obado is facing two cases that could determine his political destiny should he be found guilty in any of the two before the August polls.
In the first case, the governor is facing trial over the murder of his girlfriend Sharon Otieno, which could hand him a maximum death sentence if found guilty.
Obado alongside his personal assistant Michael Oyamo and former Migori County Clerk Caspal Obiero are accused of killing Sharon and her unborn baby on September 3, 2018, at Owade in Oyugis, Rachuonyo sub-county within Homa Bay County.
In the second case, the governor is facing corruption charges in which he is alleged to have conspired with some traders and his four children to defraud the County Government of Migori more than Sh300 million, conflict of interest and theft.
He risks being locked out of the polls if found guilty and jailed for the criminal cases he is facing.
Under Article 99 (2) (g) of the Constitution, a person can be disqualified from contesting in the elections if that person is subject to a jail sentence of at least six months as at the date of registration as a candidate or at the date of election.
Mathira MP Rigathi Gachagua may have got a reprieve after the hearing of his corruption case over conspiracy to defraud Sh7.5 billion was pushed to September 5.
Gachagua is facing six counts of conspiracy to commit economic crimes.
Murang’a Governor Mwangi wa Iria, who has declared that he will be contesting the presidency has a fight with the EACC over graft where the agency is seeking to repossess two properties detectives believe were bought using proceeds of crime.
Recently, the High Court froze two properties in Nairobi and Nyeri linked to Wa Iria and his spouse and associates, pending determination of a petition for the properties to be forfeited to the government.
The High Court Judge, Justice Esther Maina, ordered the freezing of a 13-acre parcel in Mweiga, Nyeri County and another parcel in Nairobi’s Umoja Inner core.
EACC told the court that Wa Iria and his family received kickbacks from a contract worth Sh542 million, which the commission believes was awarded irregularly.
In the court case, EACC says Wa Iria influenced the award of Sh542,610,615 media buying tender to Top Image Media Consultants Ltd a firm the detectives say is owned by the governor’s relatives and associates.
Despite his track record, Wa Iria said he is ready to face the other presidential candidates.
Wa Iria, who will vie on Usawa kwa Wote Party ticket, said following his determination to vie for presidency, Deputy President William Ruto and ODM leader Raila Odinga have established networks in his backyard to look for support.
“I am in the race for the presidency after the majority of leaders in Mt Kenya region betrayed the voters as they have moved to support candidates from other regions,” he said.
Malindi MP Aisha Jumwa’s political career is on the brink of being halted by the courts if found guilty fraud and murder.
Jumwa is facing charges of conspiracy to commit fraud through payment of Sh19 million to a company in relation to a contract awarded by the National Government Constituency Development Fund.
The MP is facing another serious offence of murder, with a possible death penalty if found guilty.
She is accused of killing Ngumbao Jola on October 15, 2019, at Ganda Ward within Kilifi County.
Jumwa is facing other charges of conflict of interest, acquisition of proceeds of crime and money laundering.
It is the same fate facing former Nairobi Governor Evans Kidero who has declared his intention to contest the Homa Bay governorship.
Kidero is facing two separate corruption charges, in the first case it is alleged that he conspired to commit an offence of corruption leading to the loss of Sh213 million from the Nairobi City County while the second case involves another conspiracy to defraud Sh58 million.