The High Court has temporarily stopped the Independent Electoral and Boundaries Commission (IEBC) from clearing Paul Karungu Thang’wa to vie for any elective position in the 9th August general elections.
In the ruling, the court referred the matter to the Chief Justice to deal with the validity of the candidature together with other cases where the court is expected to empanelment.
Karungu is the senatorial candidate for Kiambu county under the Deputy Presidents’ UDA party.
Another politician who will have to wait to know their fate is former Nairobi Governor Mike Sonko, eyeing the Mombasa county boss seat among other impeached leaders.
Karungu’s case is not isolated; the IEBC has instructed returning officers not to clear such candidates unless the court gives a ruling to allow impeached public officials to run for elective seats in August.
The IEBC is citing the constitution as the grounds for the decision. The article that has most politicians worried about their political future says, “A person who has been dismissed or otherwise removed from office for a contravention of the provisions specified in clause (2) is disqualified from holding any other state office.”
“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,” IEBC Chief Executive Hussein Marjan said.
At the same time, the IEBC has forwarded the list of aspirants to the Ethics and Anti-Corruption Commission (EACC) and the Directorate of Criminal Investigations (DCI) for vetting.
Several names in the lists forwarded by political parties and independents face criminal and economic crimes cases.