Tharaka Nithi senator Kithure Kindiki has weighed in on the ragging debate on whether impeached county governors are eligible to contest for election for a public or state office.
Kindiki, an international law professor, said governors removed from office by impeachment, cannot run for election for a similar seat or hold any other public or state office.
"Impeached governors cannot subsequently run for election to the office of the county governor or any other state or public office ever again in Kenya," he opined.
The former senate deputy speaker reiterated that the lot cannot hold public offices unless their ouster are successfully challenged and quashed by a court of law.
Kindiki waded into the debate moments after impeached Kiambu governor Ferdinand Waititu passed the registrar of political parties Anne Nderitu's test to run as an independent candidate for Nairobi Governor.
The seat was left vacant after senators impeached Governor Mike Sonko. Unlike Waititu whose deputy was at hand to succeed him, Sonko did not have a deputy.
Nairobi Assembly speaker, Benson Mutura, is currently holding the seat in an acting capacity for 60 days pending the by-election.
Following the registrar's nod, all eyes are now on IEBC and EACC to see if they will clear the former Kiambu, who was impeached for abuse of office, gross misconduct and violation of the constitution, to run for the Nairobi Governor seat.
Kindiki's observations buttresses opinions by other legal minds, including former Chairman of the Commission on Administrative Justice (CAJ) Otiende Amollo who argue that Waititu and Sonko and any other impeached governor or speaker, cannot hold any other state or public seat.
"According to Article 180(2) of the Constitution, to be eligible for election as county governor, one must among other qualifications, be eligible for election as a member of the county Assembly," Kindiki said.
In his observations, Kindiki argued that Article 193 (2)(g) of the Constitution stipulates that a person is disqualified from being elected as a MCA if the person has been found, in accordance with any law, to have missed or abused a state office or to have contravened Chapter Six of the Constitution on Leadership and Integrity.
"Invariably, impeached county governors are removed from office by impeachment for among other violations, breach of Chapter Six, " he said.
He added that Article 75(3) of the Constitution bars a person who is removed from office for violation of the integrity provisions of Chapter Six from holding any other state or public office.
