The Independent Electoral and Boundaries Commission (IEBC) has disqualified former Nairobi governor Mike Sonko from contesting as Mombasa governor in the forthcoming General Election.
Acting on the report presented to it by the Ethics and Anti-Corruption Commission (EACC), the electoral agency yesterday delivered its verdict on the anti-corruption report with the shocker falling on Mr Sonko.
Also hit by the IEBC thunderbolt is the former Kiambu Youth Executive Karungo Thang’wa who was set to vie for the Kiambu Senate seat on a United Democratic Alliance (UDA) and former Kiambu Governor Ferdinand Waititu.
The move by the electoral agency now takes Kalonzo Musyoka-led Wiper party back to the drawing board on their candidate for the Mombasa gubernatorial race to face ODM candidate Abdulswamad Nassir.
At a press briefing at the Bomas of Kenya June 4, IEBC chairman Wafula Chebukati in disqualifying Sonko and Thang’wa, cited Article 75(3) which states: “A person who is removed from office on contravention of Chapter 6 of the Constitution is disqualified from holding any other State or public office whether elective or appointive.”
Mr Chebukati said article 75 of the constitution was clear as it requires holders of public office to conduct themselves with decorum and in a manner that brings honour to the office held.
“The commission’s position is that Article 75 of the Constitution is self-speaking and self-executive and does not have a saving clause. Therefore, the three aspirants who have been removed from public office through impeachment are disqualified from contesting in the elections,” Mr Chebukati said.
It was however, a sigh of relief for persons whose cases are still in court or those pursuing appeal route as the commission said it will abide by the constitution principle of presumption of innocence until proven innocent.
“In the circumstances, to disqualify a person(s) under investigations is to affront the Constitution. So a person mentioned in the report as undergoing investigations is not disqualified by law and may contest in the elections as candidates.
This means former Naiorbi governor Evans Kidero who is eying Homa Bay gubernatorial position is now guaranteed to be in the ballot and is now free to continue with his campaigns.
The same will apply to 55 aspirants whose cases are undergoing active prosecution as the commission said they will not be disqualified from participating in the August poll.
“In keeping with the constitutional principle of innocence until the contrary is proved, the commission advises that persons facing active prosecutions in court are not disqualified by law and may contest in elections as candidates,” Mr Chebukati.
The 55 whose cases are under prosecution include one presidential aspirant, 12 gubernatorial candidates, five in the senatorial race, one gunning for the woman representative position, 12 eyeing the National Assembly seats while 24 are in the race to be MCAs.
The electoral commission also clarified that those who were convicted and are pursuing appeals are also free to contest in the August polls in accordance with Article 99 (3) and 193 (3)
The two Articles stipulates that “a person is not disqualified unless all possibility of appeals and review of the relevant sentence or decision has been exhausted,”
On the academic front, Mr Chebukati informed all aspirants that they have to not only produce a certificate from a recognized university but it must be accompanied by a letter from the issuing university confirming that it is a true copy of the original.
To the aspirants who attained their academic qualification from universities outside Kenya, they must obtain a letter from the Commission for University of Education (CUE) while seeking for clearance.
Politicians have always been on the spot over presentation of fake academic papers to the commission while seeking clearance during electioneering period.
