Only Court Can Bar Waititu from Running for Nairobi Governor Seat, LSK President Havi Says
Law Society of Kenya (LSK) President Nelson Havi has hit out at IEBC and EACC for claiming that impeached leaders cannot run for elective seats.
The two agencies this week indicated that leaders removed from office through impeachment are permanently barred from holding public office in the future.
They were reacting to former Kiambu Governor Ferdinand Waititu’s bid to run for the Nairobi gubernatorial seat which fell vacant following Mike Sonko’s ouster.
Havi dismissed EACC and IEBC’s stand, stating that only the court has the powers to stop Waititu from vying in the Nairobi gubernatorial by-election slated for February 18th.
He termed the impeachment of Sonko and Waititu by the Senate as a political decision that can be challenged in court.
“Locking out Sonko and Waititu sets the stage for abuse of State organs mandated to instill good governance to preclude individuals who pose a serious challenge to powerful people in government,” Havi told The Standard.
Havi argued that the question of determining the integrity of a person running for political office does not lie with Parliament, adding that clearance by EACC to vie for an election is not a legal requirement.
“I have seen the statement by EACC that seems to indicate that the commission can make a decision barring anyone from contesting for office. I think that is the height of impunity. The best way this matter can be resolved is to be submitted to a court of law so that a determination is made once and for all, as to who has the final say on the question of integrity,” he said.
He added: “One may want to abuse the legal systems to preclude these individuals from running for office. But democracy can’t prevail in such an environment. Democracy is intended to enable people to make choices and live by their choices.”
Havi warned that a legal battle could ensue should IEBC reject Waititu’s nomination papers.
“The final say lies with the courts. It cannot lie with the IEBC because we have cases where the IEBC barred candidates from running and the courts overturned their decisions, like in the case of Wavinya Ndeti in 2017,” he said.