IEBC Opposes Bid to Block Senators from Running for Governor Seats

The Independent Electoral and Boundaries Commission (IEBC) has asked the court to strike out a petition seeking declaration that a Senator cannot contest for Governorship position.

If the petition is successful, governors who were senators prior to their election in the August 8th election could lose their seats. However, in its response to an application lodged by a Mombasa voter, the electoral commission said that the contention that a senator is ineligible to vie for Governor position before first resigning is inaccurate and defective.

The petitioner argues that, by virtue of being a public officer, a senator must first resign as required by law, before going for governorship seat.

“Because of the significance of legislative duties of allocation of revenue, oversight and ensuring accountability, the drafters of the Constitution saw it prudent to bar the senator from running for the office of Governor,” Walongo argues in his application.

It is of the IEBC's view that, being a Member of Parliament, a senator is exempted from the requirement of resignation.

The Wafula Chebukati-led agency further says that Hamilton Walongo’s petition has failed to substantiate beyond doubts the conflict of interests claims on senators going for governorship seat.

In his petition, Walongo wants then-Mombasa Senator Hassan Omar declared as having been ineligible to contest for governor in the August 8th polls.

Through Lumatete Muchai, however, the electoral commission says Omar was eligible and should the petition be allowed, it would infringe on constitutional rights of Omar and others to run for office.

“We submit that the petitioner has failed to prove the contentions raised in the petition,” the IEBC said.

“The petition is premised on a clear misapprehension of the law.”