IEBC on the spot for clearing Mbeere candidate despite EACC concerns

Mbeere North UDA candidate Leo Wamuthende during the Karerema People's Forum, Mbeere North Constituency, Embu County. [PHOEBE OKALL/DPCS]

The Independent Electoral and Boundaries Commission (IEBC), it seems, is anything but independent.

The Standard has established from credible sources within the commission that the chairman, Erastus Edung Ekethon, bowed to political pressure and hastily instructed the secretariat to clear a tainted candidate for the Mbeere North parliamentary seat.

This came despite the Ethics and Anti-Corruption Commission (EACC) sending the IEBC a damning report on the unsuitability of Leonard Muriuki Njeru, also known as Leo wa Muthende, to be cleared to vie for a political seat.

Muthende is UDA's candidate in the hotly contested by-election that could determine President William Ruto’s influence in the Mt Kenya region.

The anti-corruption watchdog recommended that Muthende be charged in connection with the Sh643 million supply of an oxygen manufacturing plant to Kenyatta National Hospital. EACC forwarded this recommendation to the Office of the Director of Public Prosecutions (ODPP) as well as the IEBC.

IEBC Commissioner in charge of communications, Alutalala Mukhwana, who oversees the Commission's communication strategies, said he is not authorised to speak on behalf of IEBC.

"Kindly speak to the Commission’s spokesperson. It’s the proper and official channel to follow. Mimi ni mtu mdogo sana. Tafuta boss wangu. He will give you IEBC’s position on that matter and any other matter," said Alutalala.

Efforts to reach Ekethon did not bear fruit as he did not pick calls or respond to messages.

CEO Marjan Hussein also failed to respond to calls or messages when asked about the Commission’s decision to clear Muthende for the by-election.

President Ruto and Deputy President Kithure Kindiki have been actively campaigning for the UDA candidate.

Yesterday, Kindiki neither picked calls nor responded to messages about his support for Muthende.

His media handler, Edwin Micheni, refused to comment, referring us instead to the UDA communications team.

"Kindly speak to Moses Njagi who works at the UDA for assistance," he said curtly.

UDA Director of Communications, Rob Jilo, did not respond to calls or messages seeking clarification on the party’s criteria for selecting flag bearers and whether integrity is considered.

UDA Senior Communications Officer Antonella Kakuko also referred The Standard to Njagi, the Deputy Director of Communications, who was not available.

EACC recommended that Muthende be prosecuted and forwarded his file to the ODPP.

In a curious turn, Njeru legally changed his name shortly after the EACC’s report surfaced and is now campaigning as Leo wa Muthende Njeru.

In Gazette Notice No. 1,575 dated September 3, he changed his name.

Investigations led by the EACC revealed that Biomax, which linked to Njeru, lacked the required experience for a project of this scale. Moreover, the company’s submissions included forged documents, while the tender committee appeared to have sidestepped essential vetting procedures.

The EACC report states: “Biomax Africa falsified three performance bids, falsified reference letters in respect of top previous work of similar nature done by the company, and also provided falsified curriculum vitae of alleged three technical staff in order to meet the criteria set out in the tender documents. Biomax also failed to deliver a functional oxygen plant at KNH yet it had received a payment of Sh290,704,072, hence fraudulent practice by the said company.”

With its investigation completed, the EACC has recommended charges against 11 individuals, including Ministry of Health officials, members of KNH management, and directors of Biomax Africa.

Several prominent Kenyan politicians have, over the past decade, been cleared by IEBC to contest elections despite ongoing corruption investigations, criminal cases or ethical breaches that appear to undermine Chapter Six of the Constitution.

Ahead of the 2017 and 2022 elections, the EACC publicly named more than 200 aspirants as unfit for public office, mostly because of ongoing court cases or unresolved ethical violations.

IEBC, however, insist that in the absence of a final criminal conviction or explicit judicial barring, the Commission is toothless and cannot act. This position has seen the IEBC controversially clear individuals with shadowy reputations.

Mike Sonko, the former Nairobi Governor who faced multiple graft charges and was eventually impeached in 2020, was cleared by the IEBC to vie in 2017 and even attempted a comeback in 2022. Court intervention eventually halted his bid, but only after his initial clearance.

Similarly, Anne Waiguru, the Kirinyaga Governor, weathered the political storm of the National Youth Service scandal—an affair that saw her investigated by the EACC in 2015. Nonetheless, she was allowed to contest both in 2017 and 2022. Migori’s Okoth Obado, who faced corruption and high-profile murder allegations, was also cleared to run for a second term.

Aisha Jumwa, who at the time of her Kilifi gubernatorial bid faced graft and murder charges, still made it to the ballot. Kiambu’s Ferdinand Waititu—who after impeachment faced new graft charges and attempted to run for Nairobi governor in 2022—and Sirisia MP John Waluke, convicted of fraud but allowed to defend his seat while appealing, have continued to mock Chapter Six of the Constitution.

Others who have publicly tested the limits of the IEBC’s integrity standards include Samburu’s Moses Lenolkulal and Busia’s Sospeter Ojaamong, both cleared despite pending corruption cases.

Fidel Limo, a city lawyer, says strict adherence to Chapter Six would mean the entire political class could not run for elective office.

“The legal processes favour the presumption of innocence until proven guilty in Kenya’s highest courts. These cases can take years, and even two election cycles can come and go before the highest court makes a ruling, so the ballot remains open to many whose conduct might not meet the integrity test in the court of public opinion.”

Eric Kivuva, LSK Nairobi chairman, says the political class is turning Chapter Six, which sets standards for leadership and integrity in public office, into a joke.

“In Africa, Kenya’s Chapter Six is one of the strongest legal frameworks aimed at addressing corruption, unethical conduct and impunity among elected and appointed officials. It establishes guiding principles that every public officer must uphold: integrity, honesty, accountability and service to wananchi. Right now, interpretation and enforcement remain a joke. EACC is empowered to oversee compliance with Chapter Six and recommend action where breaches occur. But it seems EACC’s recommendations aren’t acted upon.”

EACC Head of Corporate Communications Stephen Karuga says the Commission has no say over what the IEBC does with the reports it receives.

“EACC does not clear candidates vying for election. That mandate rests with the IEBC as provided for in the Elections Act. When requested by the IEBC, the Commission provides advisory on the suitability of a candidate to inform the IEBC’s decision on whether to clear the candidate or not.”

EACC Chairman Bishop David Oginde did not respond to requests for comment.

There have been only a few cases in Kenya where candidates were barred from running for elective office based on Chapter Six. In 2022, Sonko was barred by the courts from vying for the governor seat following his impeachment and confirmation by the court that he was unfit for public office.