Aspirants use malicious claims to kick out rivals

By Mwaniki Munuhe

Panic has gripped aspirants for elective positions and constitutional office holders after it emerged that rivals are using the integrity requirement in the Constitution to intimidate competitors.

So strong is the matter that some potential contenders and applicants for constitutional commissions have shied away from submitting their applications while others have withdrawn their bid for fear of possible public embarrassment and intimidation even in absence of any concrete evidence to support such allegations.

For instance, The Standard on Sunday established a senior civil servant who has since retired withdrew his application to join the Public Service Commission after a member of the security department informed him that some people had been plotting to table alleged scams before the interviewing panel to defeat his bid.

Several competent officers declined to forward their applications for the position of Inspector General and Deputy Inspector General of police over the same fears.

In some cases, junior officers would write to the selection panel accusing their bosses of several matters, sometimes even without attaching substantial evidence.

Harassed

Although Parliament ruled out vetting of political aspirants by various State bodies among them Ethics and Anti-Corruption Commission (EACC), Criminal Investigations Department (CID), Kenya Revenue Authority and the Credit Reference Bureau originally drafted by the Independent Electoral and Boundaries Commission, there is growing fear amongst aspirants that rivals are sponsoring malicious cases or even corruptly interfering with data ostensibly to block them from the ballot.

The spotlight is now on EACC, National Security Intelligence Service and CID, which aspirants feel could be used by powerful people to intimidate or lock out rivals from the race. The changes effected on the election rules by Parliament, which effectively watered down the vetting process, are yet to be gazetted.

Several Members of Parliament who spoke to The Standard on Sunday said the provision is already being misused.

Makadara MP Gidion Mbuvi ‘Sonko’ said powerful people believe they can use the vetting requirement to lock out popular aspirants who may not enjoy similar privileges in Government.

“This is happening every day, poor aspirants who may be popular especially the youth are being intimidated every other day by the rich and mighty. Because of the corruption tradition in the country especially within the police force, as long as you have a deep pocket, you can effectively block someone from accessing a certificate of good conduct. I have been in and out of police stations before sometimes even taken in on malicious charges and I know this is what happens,” he said.

Never reported

But Nominated MP Amina Abdalla, while admitting that some aspirants are being harassed to lock them out of the nominations or elections, said this should not happen unless one has been convicted for more than six months or a process challenging his eligibility has been heard and determined.

Abdalla said, “Every politician wants to hang on anything he can use to fight his or her rival and this integrity issue seems more popular. But the truth is that you cannot lock out any one on the basis of allegations alone. Unless one has been convicted for more than six months then it will be difficult to do that,” she said.

She added that article 99 (3) of the Constitution states that “A person is not disqualified under clause (2) unless all possibility of appeal or review of the relevant sentence or decision has been exhausted.”

In the ongoing interviews for the Inspector General of Police and two deputies, several complainants came up opposing different applicants on the grounds of integrity.

It’s worth noting that in many cases, the accusations leveled against some applicants were never reported to any Government institution including the police, EACC or even to a court of law.

But Kangundo MP Johnstone Muthama said the move to delete the integrity requirements by Parliament was a step in the wrong direction. Muthama, who is also a close confidant of Vice-President Kalonzo Musyoka, said the move effectively allows leaders with questionable character to sneak back into leadership.

Kilgoris MP Gideon Konchellah told The Standard on Sunday on the telephone that the vetting process was already being misused even before Parliament watered it down.

“Some people have been using this integrity issue for selfish reasons. It has nothing to do with good governance. Surely we cannot read the Constitution selectively because in it there is also the Bill of rights, which clearly states one is presumed innocent until proven guilty. At any rate, Kenyans have the final say on who they should elect, “he said.

The National Alliance national aspirants coordinator and Thika Town parliamentary aspirant Alice Ng’ang’a said the Government must come up with a way of monitoring allegations made against aspirants, majority of which she said are politically driven to suit the interest of influential people.

“Aspirants need protection from Government especially new aspirants because those with access to Government instruments are coming up with all manner of accusations with a view of defeating the interest of aspirants who may not have that advantage but are nonetheless very popular,” she said.

Sonko said if the integrity requirement were to apply, the entire political class as it exists currently would be swept away.

“Why are the big boys targeting helpless people, the people who should be dealt with by this kind of law are those behind Goldenberg, Anglo leasing, Kazi Kwa Vijana, the Grand Regency saga and so on,” he said.