Candidates with pending court cases — alleged corruption, tax evasion, assault, rape, forgery and hate speech — could be disqualified from running in 2017.
They are on a collision course with the EACC over enforcement of the leadership and integrity code.
More than 25 prominent politicians, and probably quite a few others, have court cases and the commission could be in a fix, less than nine months to the polls. Aspirants are keen to get a clean bill of ethical health.
The law requires all politicians and aspirants to have their integrity vetted by the Ethics and Ant-Corruption Commission to ensure they comply with Chapter Six of the Constitution.
It didn't happen in 2013 — they were allowed to run, despite court cases and dubious integrity.
This time vetting is to ensure that if not squeaky clean, at least they are not in the dock.
The commission issues compliance certificate to successful applicants who present it to the electoral commission for clearance.
The EACC says sit will be diligent in scrutinising governors, MPs and MCAs to ensure strict compliance with the law before they can seek reelection.
Also to be vetted are civil servants hoping to enter politics. The aim is to rid the race of individuals who might have pilfered public funds while in office.
Some 1,882 seats will be up for grabs on August 8. The EACC will vet as many as 45,000 candidates.
The commission has told Parliament's the Justice and Legal Affairs Committee it is determined to monitor compliance with the Leadership and Integrity Act and enforce a code of ethics.
Before the 2013 polls, the anti-graft agency allowed candidates with ongoing court cases to run.
The EACC had argued the law only bars from running those convicted of ethics offenses and who have exhausted all appeals.
This year quite a few prominent politicians have court cases. All deny wrongdoing.
Machakos Governor Alfred Mutua is facing charges of unlawful procurement of 16 motor vehicles by the county.
He is alleged to have illegally purchased second-hand Subaru Outback vehicles for the Executive committee and a Toyota Land Cruiser for himself.
Garissa Governor Nathif Jama is accused of irregularly leasing eight ambulances from the Kenya Red Cross.
They were leased through Emergency Plus Medical Services, fully owned by KRCS, for Sh650,000 a month each — without following procurement procedures.
Kiambu Governor William Kabogo is facing charges of inciting ethnic contempt. He is accused of making statements intended to inspire contempt of people and communities that do not practice male circumcision.
His words in translation: "The media should inform Raila to put a stop to his stupid actions. We don’t like stupid people. If you plan to take us to court, I have enough money to defend myself. Are we together? We should not waste time with boys, or what do you say?"
Migori Governor Okoth Obado face possible prosecution after the DPP recommended the ethics commission investigate graft allegations.
These were triggered by queries from the Controller of Budget and Auditor General over procurement procedures, unsupported claims worth more than Sh400 million and 'unclear' payments to Gor Mahia football club.
Ganze MP Peter Shehe is charged with conspiracy to embezzle Sh40 million from the CDF three years ago.
Nandi Hills MP Alfred Keter and his nominated counterpart Sonia Birdi are facing charges of causing a disturbance at the Gilgil Weighbridge on January 24, 2015.
Suspended senior Devolution ministry administrator Hassan Noor faces charges related to the NYS Sh791 million theft. He was among three candidates endorsed by his Garre clan elders from to run for Mandera governor.
Kitutu Chache MP Richard Onyonka faces charges of corruption and abuse of office relating to tax evasion.
Onyonka is accused of not paying tax to the KRA on sugar bought from Chemelil Sugar Company, intended for IDPs in his constituency.
He is also charged with conspiracy to defraud the public of Sh21 million and accused of abuse of office.
Lamu West MP Julius Ndegwa Kariuki is charged with abuse of office. He is also charged with conspiracy to commit an economic crime and irregular reallocation of funds allocated within the CDF.
The charge reads that the MP jointly with others through corrupt and fraudulent practices, caused an irregular transfer of Sh1.6 million to the Lamu CDF office account, which was allocated to construct the Witu Livestock Cattle Dip.
Kariuki allegedly used his office to improperly confer upon himself Sh1 million meant for administration of the Lamu West CDF office.
The offences are alleged to have been committed between July 7 and October 30, 2013.
Kisii Senator Chris Obure is battling a case in which he and six others are charged with abuse of office and conspiracy to defraud the government in connection with the Anglo Leasing scandal. He was minister of Finance at the time.
Controversial Gatundu South MP Moses Kuria and his Kabete counterpart Ferdinand Waititu are charged with incitement to violence and hate speech.
Six other lawmakers: Senator Johnson Muthama (Machakos), MPs Kimani Ngunjiri (Bahati), Timothy Bosire (Kitutu Masaba), Florence Mutua (Busia woman Representative), Aisha Jumwa (Kilifi woman representative) and Junet Mohamed (Suna East) are faces the same charges of incitement and hate speech.
Nyando MP Fred Outa is charged with inciting students at Ahero Girls Secondary School to violence over the interdiction of their principal.
Imenti Central MP Gideon Mwiti faces rape and assault charges from March 2015.
Laikipia North MP Mathew Lempurkel faces charges of assaulting nominated MP Sarah Korere and threatening police constable Nicholas Kipruto at Rumuruti police station in Laikipia West subcounty on July 31.
Kapsaret MP Oscar Sudi faces charges of possessing fake academic papers.
Kasarani MP John Chege faces charges of soliciting a bribe to complete a secondary school project in his constituency.
Homa Bay Town MP Peter Kaluma faces charges of assaulting his political rival Washington Ogaga. The case will be heard on January 23.