EACC frustration on aspirants with integrity issues
The Ethics and Anti-Corruption Commission (EACC) has expressed frustrations in its efforts to ensure politicians with integrity issues are not allowed to contest for elective positions in next month’s polls.
This is after its bid to have 241 politicians flagged as unsuitable for leadership, and barred from running, failed when the Independent Electoral and Boundaries Commission (IEBC) decided to clear 236 of them.
EACC CEO Twalib Mbarak, during an interactive session with Interfaith Inter-Religious Council of Kenya (IRCK) at Kenya School of Monetary Studies yesterday, wondered why IEBC sourced information regarding the integrity of aspirants to guide clearance, only for it to clear people facing theft, murder, fake academic documents and fraud cases.
Integrity issues
“We forwarded names of 241 people who we said face integrity issues and aren’t suitable to hold public offices. Only five were not cleared. I heard some assertions from IEBC that we have no business in the clearance of candidates. I do not want to appear like we are bashing IEBC but one may wonder, if it is not our business, why then did they seek information from us?” the CEO wondered.
Some candidates, who are listed as unsuitable, Twalib said have been calling to intimidate the commission, and should they get to positions of power, they would be vindictive.
“We have reached a point that we have crooks who are now very aggressive, fighting the system. You have a fake academic paper, and you have the guts to call the CEO of EACC to say we are finishing you. The good thing is that the top leadership in this country, the main presidential contenders never interfered when we talked about the names but some of those people we fingered, call to say they are being targeted. People are taking advantage of the legal systems,” he said.
The joint Consultative forum was graced by EACC chair retired Anglican Church Archbishop Rev (emeritus) Eliud Wabukala and attended by Rev Father Joseph Mutie, who is the chairman of the Inter-Religious Council of Kenya (IRCK), National Council of Churches of Kenya, Secretary-General Rev Chris Kinyanjui, Bishop Mark Kariuki of Deliverance Church, representatives from Supreme Council of Kenya Muslims (Supkem) and Hindu Council of Kenya among others who agreed to tell their congregations to vote out all candidates who have corruption tags as a means of securing good governance post-August 9.
Need to review law
Without appearing to apportion blame, Twalib said there was a need to review the law and build consensus among the bodies with the role of vetting and clearing candidates, as well as sensitise the public to ensure tinted politicians no longer use legal loopholes, which were occasioned by the mutilation of Article 99 of the Constitution, to give their way into leadership.
Among the key figures, EACC had fingered but were cleared by IEBC are Ali Korane (Garissa, Ann Waiguru (Kirinyaga), Okoth Obado (Migori), Muthomi Njuki (Tharaka Nithi) Fahim Twaha (Lamu), Dhadho Godana (Tana River) and Sospeter Ojamoong (Busia), former governors, Evans Kidero (Nairobi), Nathif Jama (Garissa), and Mwangi Waithaka (Nyandarua) over corruption cases.
Other prominent names in the list include Chris Obure who is vying for the Kisii gubernatorial position Kitutu Chache South MP Richard Onyonka, John Waluke (Sirisia), Oscar Sudi (Kasepret), Gladys Sholei, Jonah Mburu (Lari), Alfred Keter (Nandi Hills), Jimmy Angwenyi (Kitutu Chache North, Nakuru Town East’s Samuel Arama and Didmus Baraza (Kimilili).
Among the frustrations, he said, though Article 99 of the Constitution disqualifies anyone imprisoned for at least six months or misused or abused a State office or public office or contravened Chapter Six after it was amended in 2012, it now says the said disqualification cannot happen “unless all possibility of appeal or review of the relevant sentence or decision has been exhausted”.
“We have taken people to court but unfortunately, the legal system is very cumbersome. For example, we have a case of a governor who has a fake degree, we wrote to relevant bodies and we confirmed that his documents are fake, but he was still cleared and today, he has been tapped by one of the popular political parties and he might win re-election.
“Should he lose the case, he will rush to the Court of Appeal and eventually the Supreme Court. He will have already completed his second term and is demanding his pension, and that is why we are saying that laws need to be changed, but if we will have 60 per cent of criminals in parliament and county leadership, how will all that happen?” he wondered.
