Blow to Waititu & Sonko as EACC bar impeached leaders from holding public office

Waititu was to via for Nairobi gubernatorial by-election as an independent candidate

EACC CEO Twalib Mbarak  pitted against former Kiambu Governor Waititu

Impeached Kiambu Governor Ferdinand Waititu and his Nairobi Counterpart Mike Mbuvi Sonko have been dealt a blow after Ethics and Anti-Corruption Commission (EACC) barred impeached leaders from holding public office.

In a statement, EACC Chief Executive Officer (CEO) Twalib Mbarak said leaders who have been removed from office for contravening Chapter Six of the Constitution of Kenya that touches on integrity will not be cleared to vie for any seat in the upcoming by-elections.

“EACC considers that a person is disqualified pursuant to Chapter 6 of the Constitution if the person:

i) 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;

ii) Is found, in accordance with any law, to have misused or abused a state office or public office or in any way to have contravened chapter six as contemplated under Articles 99(2)(h) and 193(2)(g).

For 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 or any written law; iii) Is otherwise found by the Commission pursuant to its mandate under Chapter 6 of the Constitution, to be in violation of Chapter 6 of the Constitution” reads part of the statement.

EACC added that they are mandate to advice IEBC on matters integrity, and therefore they will not allow leaders who have violated chapter six of the constitution to hold public office.

“EACC wishes to inform the public that while the constitutional responsibility to clear aspirants to vie for various positions lies with IEBC, EACC is mandated to enforce the provisions of Chapter 6 of the Constitution, including the mandatory integrity requirements for all candidates. EACC has a constitutional responsibility to advise IEBC on the integrity compliance status of all candidates pursuant to Chapter 6 of the Constitution, ” reads part of the statement.

Mbarak added EACC will conduct integrity vetting of all candidates in the upcoming by-elections and communicate its determinations to IEBC for further action.

The statement from EACC come at a time former Kiambu Governor Ferdinand Waititu had declared interest in upcoming Nairobi gubernatorial by-election as an independent candidate

Statement from EACC

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