By LILLIAN ALUANGA-DELVAUX
Members of Parliament are preparing to confront a draft law that could block some of them from contesting elections on account of integrity.
The legislation is considered one of two major hurdles that faced MPs and other aspirants hoping to take part in the General Election in March 2013.
The other was the initial scare of strict electoral timelines designed to curb last- minute defections. With loyalty to parties breached, exposing scores of MPs to sanctions, the House rewrote electoral laws to legitimise party hopping.
Those intending to switch parties can now do so as close as 60 days to the elections.
Having eased that blockade, there are fears of another conspiracy to lower the integrity threshold anticipated for public office holders.
Already, the draft Leadership and Integrity Bill, described as the most critical legislation after passage of the Constitution, has sparked a controversy amid claims it does not reflect the spirit of constitutional provisions on the matter.
Even before the draft law is enacted, a court case challenging the eligibility of International Criminal Court accused to contest the presidency highlights the high stakes involved.
Civil society groups have pressed for the integrity bar to be raised higher to lock out anyone facing criminal charges or adversely mentioned in probe reports. But that is expected to face resistance in a Parliament where most members are in trouble with the law.
Parliament reopens on July 31 with the Bill that has generated controversy expected to top the agenda.
The Constitution requires the Bill be passed into law by August 27. Scores of MPs face court cases, which are in various stages, and which some fear might not be concluded on time before nominations scheduled in about six months.
For an aspirant to be cleared by the Independent Electoral and Boundaries Commission they would be required to obtain clearance certificates from vetting agencies, including the Ethics and Anti-Corruption Commission.
A red flag has been raised over ambiguities in the current draft Bill that may make it difficult to bar legislators battling charges in court from seeking elective positions.
Recent discussions on integrity have largely focused on whether ICC suspects Deputy PM Uhuru Kenyatta, and Eldoret North MP William Ruto should vie for the presidency.
The Bill, however, is not tailored for those facing trial at the ICC only. The net could be cast wider to screen the suitability of all those seeking public offices. Currently, there are no less than 10 MPs battling cases over various offences.
Even more are implicated in financial scandals, such as Goldenberg and Anglo Leasing, mentioned adversely in reports by commissions of inquiry like that on irregular allocation of public land and parliamentary watchdog reports.
Among those with ongoing cases is Gatundu North’s Clement Waibara, who is facing a conspiracy to murder charge. Msambweni MP Omar Zonga is accused of fraud related charges alongside other Ministry of Lands officials.
In Nairobi, Embakasi MP Ferdinard Waititu, and Makadara’s Gideon Mbuvi Sonko are facing charges of incitement to violence, and fraud.
Friday, Waititu was arrested over a demonstration in the city. He intends to vie for governorship of Nairobi County. Nambale MP Chris Okemo is fighting extradition to Jersey Island, UK, over allegations of money laundering. Chepalungu MP Isaac Ruto is facing an assault charge in a Bomet court.
Eldoret South MP Peris Simam has been charged alongside her husband and a Government official with misuse of public funds.
West Mugirango MP James Gesami is battling corruption charges. Gesami resigned as Public Health Assistant minister over the allegations.
Naivasha MP John Mututho is also in court over allegations that he fraudulently obtained Sh41m from Kenyatta National Hospital, as a refund for taxes accrued in the import of beds and cabinets to the hospital. Mututho is seeking to be governor of the Nakuru County.
A controversial US dossier tabled in Parliament last year by the late Internal Security minister George Saitoti also purported to link some MPs to drug trafficking and money laundering.
Those named in the report were Kilome MP Harun Mwau, William Kabogo (Juja), Gidion ‘Sonko’ Mbuvi and Ali Hassan Joho (Kisauni). Saitoti, however, said that police investigations had failed to prove any connection between the MPs and the illegal trade. They were cleared of the claim.
The draft Bill is before the Commission for the Implementation of the Constitution, which has sought public views. But issues with regard to its ‘lack of clarity’, in several sections, including 39, 43, 47, and 73, are setting the stage for heated debate, with civil society groups pushing for provisions that will expressly disqualify anyone facing charges in court.
Transparency International’s Sam Mbithi says: “We should raise the bar of leadership to say that if one is accused or is facing charges then they shouldn’t even be considered for public office,” he says.
But Mututho countered that every individual is presumed innocent until proved guilty, as provided for in the Constitution. He challenges civil society to first come clean with their operations if their motives are to be trusted.
