IEBC’s new move to block Sonko, Waititu from contesting in August polls
The Independent Electoral Boundaries Commission (IEBC) is taking steps to bar convicts and leaders who were once impeached from contesting in the August 9 election.
The IEBC has directed returning officials not to clear such candidates unless they have a court order compelling them to do so.
The latest move could greatly affect persons such as former Nairobi county Governor Mike Sonko, who is seeking the position of Mombasa county governor and Ferdinand Waititu who was once Kiambu county Governor.
This comes after the High Court on Thursday ordered the IEBC to stop processing Sonko’s documents.
Civil society organizations Haki Yetu, Kituo Cha Sheria and Transparency International filed the petition.
In case former Governor Ferdinand Waititu delivers his papers for nomination, the same was advised to the Kiambu County returning officer.
Waititu lost the United Democratic Alliance (UDA) governorship primary in Kiambu, but has stated that he will not run for any other office.
Sonko and Waititu were charged with corruption, abuse of office, and misconduct and were impeached. Both cases they brought to overturn the decision were unsuccessful, however, Sonko moved to the Supreme Court.
IEBC says the decision was guided by Article 75(3) of the Constitution.
Says the article: “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.
Karungo Thang’wa, the former Kiambu Youth Executive, was dismissed for embezzlement. He is currently a Senate candidate for the Kiambu UDA.
Tana River County Assembly Speaker Justin Nkaduda was also impeached; attempts to reconcile the Speaker and ward representatives have however, reached a snag, and the Speaker’s case against his removal is still pending.
“The constitutional stipulations of Chapter Six were never intended for ornamental purposes,” Marjan said.
The IEBC has also given the list of candidates for screening to the Ethics and Anti-Corruption Commission (EACC) and the Directorate of Criminal Investigations (DCI).
Several persons on the lists submitted by political parties and independents have been charged with criminal and economic offenses.
The UDA Kilifi governor candidate, Malindi MP Aisha Jumwa, is facing a murder allegation, while Deputy President William Ruto’s running mate is accused of corruption.
Ayub Savula, who wants to be Kakamega deputy governor, Patrick Musimba, who wants to succeed Makueni Governor Kivutha Kibwana, and MPs John Waluke (Sirisia), Samuel Arama (Nakuru Town West), Alfred Keter (Nandi Hills) and Oscar Sudi are among those who have expressed interest (Kapseret).
Former Cabinet Secretary Rashid Echesa has also expressed interest in the Mumias West parliamentary seat.
