IEBC Says Political Aspirants Charged with Graft Are Free to Vie for Office

Independent Electoral and Boundaries Commission (IEBC) says political aspirants facing graft charges are free to run for office in the August 9th elections.

Citing a 2013 High Court ruling which allowed Uhuru Kenyatta and William Ruto to run for office despite facing charges at the International Criminal Court (ICC), IEBC argues that it cannot block anyone from seeking elective posts.

The court cleared Kenyatta and Ruto to run for the president and deputy president posts respectively while facing charges of crime against humanity at the ICC.

IEBC argues that one is legally presumed innocent until proven guilty, hence there is no need to interfere with judicial processes.

“The commission understands the court's decision in the case against President Kenyatta and DP Ruto that we must strike a balance between the right of an individual to contest in an election and the presumption of innocence of any accused person,” IEBC’s Director of Legal and Public Affairs Chrispine Owiye says in an affidavit.

The Wafula Chebukati-led commission was responding to a petition filed by activist Okiya Omtatah, who wants politicians with questionable integrity to be barred from contesting in the forthcoming elections.

In his petition, Omtatah says he is concerned that several persons implicated in corruption scandals and theft of public funds have declared interest in various political positions.

“It is a matter of public notoriety and concern that many people adversely mentioned in the theft of public funds, including the so-called Covid-19 billionaires, are lining up to vie in the August 9th general elections for various positions at the county and national levels of government,” says Omtatah.

He argues that allowing such individuals to vie for public office is a threat to Kenya’s constitutional order and is detrimental to the country’s good governance, and the war against corruption.

“To normalize the participation of people without integrity in the political life of the republic is to clearly demonstrate a lack of understanding of the obligations placed on elected leaders,” he adds.