Impeached Governors Permanently Barred from Holding Public Office, EACC Says

Impeached governors and state officers are permanently barred from holding any public office in the future, Ethics and Anti-Corruption Commission (EACC) has said.

Through a statement on Tuesday, EACC CEO Twalib Mbarak said persons seeking elective positions must meet the integrity threshold under Chapter 6 of the Constitution.

"The commission considers a person is disqualified from holding public office 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," the commission stated.

The anti-graft watchdog further noted that a person is disqualified if they are found to have misused or abused a state office or public office.

"For the 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," the agency added.

Mbarak added that EACC has a constitutional obligation to advise the Independent Electoral and Boundaries Commission (IEBC) on the integrity compliance status of all candidates pursuant to Chapter 6 of the Constitution as well as the Leadership and Integrity Act, 2012.

EACC’s announcement is a blow to former Kiambu Governor Ferdinand Waititu who is seeking to run for the Nairobi gubernatorial seat.

The Office of the Registrar of Political Parties on Monday cleared him to run for the seat as an independent candidate after certifying that he was not a member of any political outfit and his floodlight symbol did not belong to any registered political party.

Waititu was impeached as the Governor for Kiambu in January this year on the grounds of gross violation of the constitution, abuse of office, and crimes under the national law.