Bar those with dubious integrity from political offices, says Haji

DPP Noordin Haji. [Samson Wire, Standard]

Director of Public Prosecutions (DPP) Noordin Haji has recommended that Kenyans with questionable character be barred from running for elective office.

Speaking during the launch of the 2022 Electoral Justice through Prosecution report, Haji said Chapter Six of the Constitution should be implemented so that only candidates with the right characters are put in political offices.

He said in the August 9 elections, a number of petitions were filed by members of the public seeking to lock out some politicians who had integrity issues. Some of these candidates were facing an array of charges, ranging from murder, rape, fraud and forgery, but still wanted the greenlight to represent their constituents and manage their resources.

At the time, Independent Electoral and Boundaries Commission (IEBC) Chairman Wafula Chebukati said the commission could not bar leaders with integrity issues as long as they had not exhausted all the legal appeals.

According to Haji, the biggest headache at the moment is the management of court cases that most candidates are using to delay justice and pave way for them to participate in the elections, despite having bad records.

"Guidelines should be developed to clarify on vetting of persons interested in elective positions," Haji said.

Julie Matheka of International Commission of Jurists (ICJ) said there was a need to improve on case management so that people charged with hate speech, corruption and other election offences are convicted and sentenced promptly so that they do not use the criminal justice system as a scapegoat to get elected to public office.

Matheka said re-looking at candidates with integrity issues is not only a matter criminal justice reform but also the morality of society.

Law Society of Kenya (LSK) president Eric Theuri said Chapter Six of the Constitution should either be deleted or implemented as its now becoming a mockery.

"Why should we be proud of a Parliament that has about 20 or 30 people who have criminal cases?" he posed.

The 2022 Electoral Justice through Prosecution report shows that the DPP's office registered at least 131 hate speech cases, which was the dominant electoral offence, with the highest number being recorded in Nairobi. Violence and intimidation made up to 22 per cent of the total hate speech cases.

Other counties that recorded high number of cases were Narok, Homa Bay, Kakamega, Kiambu, Kilifi, Laikipia and Marsabit.

The report further states that out of the 131 cases recorded, 59 are pending before court, 49 are undergoing further investigations, four have been convicted, one withdrawn and two discharged. So far 16 files have been finalised.

The second most predominant offences, according to the report, were those committed by IEBC staff, which stand at 17 per cent, followed by offences related to the conduct of elections at 13 per cent.

Following Inspector General (IG) Japhet Koome's recent directive to the police to use firearms effectively if their lives or the lives of civilians were threatened, Haji said officer should not minsterpret that statement and infringe on the rights of Kenyans.

He cautioned the police against excessive use of force, adding that action will be taken against the culpable officers.