- The commission said it is the mandate of EACC to furnish it with records concerning issues of integrity, morality and ethics on candidates.
- In the case filed at the High Court in Milimani, Nairobi, Omtatah also wants those facing graft cases to be barred.
Image: FILE
IEBC has said it cannot block persons with integrity issues from vying for elective public seats.
This follows a decision by the High Court a fortnight ago that termed its electoral code committee as unconstitutional.
The electoral agency made the submissions in an affidavit filed in response to a case filed by activist Okiya Omtatah.
Omtatah wants the court to declare that the IEBC has power to bar any person who does not satisfy any moral and ethical requirements prescribed by the Constitution or by an Act of Parliament from vying in election.
The election is in the offices of President, Deputy President, Governor, Deputy Governor, Member of Parliament (both Senate and National Assembly) and Member of County Assembly.
But IEBC said its mandate has been restricted following a decision by Justice Antony Mrima that termed the electoral code enforcement committee, chaired by Wafula Chebukati, unconstitutional and illegal.
Mrima made the findings in a case filed by Murang'a Women Representative Sabina Chege where she obtained orders to halt the case against her by the polls agency.
"Going by that decision, we are restricted in our mandate not only during nomination of the candidates but also after nominations," IEBC said.
The electoral agency further said enforcement of the code is their mandate, but the court sounded a death knell on its attempt to enforce the same when it made its findings in Sabina Chege's case.
The commission further said it is the mandate of EACC to furnish it with records concerning issues of integrity, morality and ethics on candidates.
It, however, said such records are not conclusive in determining the fate of a candidate to vie unless backed by an order of the court.
In the case filed at the High Court in Milimani, Nairobi, Omtatah also wants those facing graft cases to be barred.
The order, if granted, could affect more than ten serving MPs and governors who have active court cases related to corruption and economic crimes.
“It is a matter of public notoriety and concern that many people adversely mentioned in thefts of public funds, including the so called (Kemsa) Covid-19 billionaires are lining up to vie in the August 9, 2022 general elections,” Omtatah said.
(edited by Amol Awuor)