Omtatah: Block people with tainted pasts from vying

The Independent Electoral and Boundaries Commission cleared all aspirants who had been flagged as unfit to hold public office in the last election, the court was told yesterday.

While backing a case to bar all aspirants who are facing corruption charges, have been convicted or impeached from contesting, the Ethics and Anti-Corruption Commission (EACC) said it flagged 87 aspirants but they all ran for office.

The anti-graft watchdog threw its weight behind activist Okiya Omtatah’s argument that an appeal process or unconcluded criminal trials should not make it possible for the aspirants to vie.

Out of a list of 106 aspirants presented by the IEBC to the Integrity Centre for verification, only nine met the requirements of Chapter Six of the Constitution, had requisite education documents, and had no criminal cases.

In its reply, the EACC said it was at a crossroads since IEBC has taken a different stand by clearing those who have pending appeals or whose trials have not been settled.

In the court papers, the anti-graft agency argued that IEBC has no means to investigate nor ascertain the integrity of a contestant. Instead, it relies on the EACC to verify the contents of self-declaration forms submitted by persons seeking elective posts. “IEBC has no legal capacity to conduct investigations and establish a candidate’s educational, moral and ethical requirements and therefore it is under obligation to act on verification and recommendation provided by the EACC and any other relevant agency,” the EACC said.

IEBC said it cannot block aspirants from vying for seats, citing the 2013 verdict by the High Court clearing President Uhuru Kenyatta and his deputy William Ruto to vie even though they were facing crimes against humanity charges at the International Criminal Court.

In the current case, Mr Omtatah has trained his guns on business persons who were implicated in the Covid-19 supplies scandal, stating that IEBC is likely to give the green light to contest.

“The IEBC will be able to vet aspirants for political office to ensure that they satisfy any moral and ethical requirements prescribed by the Constitution or by an Act of Parliament,” he stated in his court papers.

While raising his concerns, Mr Omtatah pointed out that in December 2020, EACC officers arrested a Kenyan for receiving a bribe and he was sacked. In March 2021, the man had earned a nomination to run for a parliamentary seat in a highly contested by-election.

In May 2021, he won the election even though he had been charged in 2021. “It is a matter of public concern that many people mentioned in the theft of public funds, including Covid-19 billionaires, are lining up to vie,” Mr Omtatah said.

According to him, allowing persons with tainted pasts to vie for public offices is a threat to Kenya’s constitutional order.