According to The Ethics and Anti-Corruption Commission ( EACC), Persons with questionable integrity are not supposed to serve in any public office. In a press statement released by EACC through it’s CEO Twalib Mbarak, “EACC notes the recent declaration by the Independent Electoral and Boundaries Commissions (IEBC) of vacancies in various elective offices of Governor, Senator, Member of Parliament (MP) and Member of County Assembly (MCA) across the country.”
The press release further stated that “EACC wishes to inform the public that while the constitutional responsibility to clear aspirants to vie for various positions lies with IEBC, EACC is mandated to enforce the provisions of Chapter 6 of the Constitution, including the mandatory integrity requirements for all candidates. EACC has a constitutional responsibility to advise IEBC on the integrity compliance status of all candidates pursuant to Chapter 6 of the Constitution. Consequently, EACC advises that all persons offering themselves as independent candidates or seeking party nominations for election must meet the integrity threshold under Chapter 6 of the Constitution.”
Sonko (Mike Mbuvi Kioko) and Baba Yao (Ferdinand Waititu) who are former governors of Nairobi and Kiambu Counties respectively, left office on questionable integrity grounds after successful impeachments by both the county assembly and the National senate.
EACC considers that a person is disqualified pursuant to Chapter 6 of the Constitution if the person:
- Has been dismissed or otherwise removed from office for contravention of Chapter 6 of the Constitution or its enabling legislation, in accordance with Article 75(3) of the Constitution;
- Is found, in accordance with any law, to have misused or abused a state office or public office or in any way to have contravened chapter six as contemplated under Articles 99(2)(h) and 193(2)(9). For avoidance of doubt, the finding contemplated in these clauses includes the finding of a court of law and any other competent agency mandated to interpret or apply the Constitution or any written law; Is otherwise found by the Commission pursuant to its mandate under Chapter 6 of the Constitution, to be in violation of Chapter 6 of the Constitution.
To this end, EACC will conduct integrity vetting of all candidates in the upcoming by-elections and communicate its determinations to IEBC for further action.
Kenyans are reminded that entrusting the management of public affairs to persons with questionable integrity will only entrench corruption and impunity at the expense of much-needed transparency, accountability, and good governance. We must elect persons of integrity as the surest way to bolster servant and transformative leadership that will in turn build a corruption-free society.