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.
Comments
A very corrupt Nelson Havi…
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A very corrupt Nelson Havi giving out some ass-like crooked law to protect waititu. The legal community is the most corrupt in Kenya! Why would anyone pay attention to what havi got to say?
Havi was just a very skinny,…
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Havi was just a very skinny, useless skinny guy before he became LSK top thief! Now his lips are fat, his belly bulging out like an old toad, his fat body quite unproportional because of stealing lsk money, he got the gut to support another thief of public coffers!
Your laws havi will not be…
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Your laws havi will not be honored! The most corrupt court has no role to play here! We are not listing to your nonsense havi!
We the people do not want a known thief (Waititu) to be the Nairobi county governor! Havi should already know that if he has any level of intelligence!
Havi is just looking forward…
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Havi is just looking forward to be waititu lawyer and make money. very greedy...not guided by moral principle
Sorry to be the one to tell…
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Sorry to be the one to tell you that Kenya is not governed by laws. You practice law and you don't knpw that.
Where law has failed us, we…
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Where law has failed us, we should use common sense. Waititu screwed up as kiambu governor, he shouldn't get a second chance to mess up another county- Nairobi.
Lawyers are guided by greed…
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In reply to Where law has failed us, we… by Mwororo (not verified)
Lawyers are guided by greed and not common sense! Lawyers have no sense of duty to the country or integrity!
Lawyers think about their stomach first above all else. Lawyers will sell Kenya to the highest bidder any time of the day and night!
Havi is no different and that is why he is supporting a thief (Waititu) so he can financially benefit in the end!
It pains me to see a grown…
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It pains me to see a grown man showing a serious face while clearly knowing he is plainly telling a bunch of lies.
Everything Havi is saying is a bunch of shit and he knows it! He is deliberately portioning foolish lies here so he can con Kenyans money by representing Waititu. - the baba Yao thief!
No wonder not a single soul that takes the crooked courts seriously. The lawyers are Peoria thieves! Never to be taken with a grain of salt!
I agree with Havi. No one…
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I agree with Havi. No one should be barred from running a public office. Let the integrity test lie with the people. Uhuru/ Ruto were not barred from running for office when they had cases. Let the court’s do its work of putting people in jail if they are found to have stolen. IEBC job is to supervise elections not to bar candidates.
Corruption is in your dirty…
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In reply to I agree with Havi. No one… by Asista (not verified)
Corruption is in your dirty blood as a guy who comes from the same place with the high priest of corruption.
Everything in your life was earned through corruption, stealing and blood letting of other hard working innocent human beings!
Your reasoning is screwed up since theft is what you have known all your shady life!
If I understand Law…
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If I understand Law correctly, EACC and IEBC have Judicial Powers, and are therefore Courts which have made Judgements. The question therefore is if this Judgements can be appealed.
Seriously Kenyans, why do we…
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Seriously Kenyans, why do we always fall thieves and murderers?
Waititu cases are still ongoing...but all us having this mentality of mtu wa nyumbani we will always be used.
They should let Waititu run…
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They should let Waititu run for office since most leaders are thieves. No difference here so far he's not even been convicted in court for theft. How many thieves of public coffers have been convicted? If the people elect a thief, then they should suffer from their own mistake as they have in the past. Theft is an inherent African cultural trait that can not be eliminated or even controlled. The judiciary is mostly corrupt to the core. Nothing new here.
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