- Asitiba said aspirants who have been impeached and some with pending or active cases in court have been cleared by IEBC to contest for public office.
- He argues that the allowing corrupt aspirants to run for office is to risk having corrupt officials hold office.
Image: FILE
An advocate now wants the court to stop the Independent Electoral and Boundaries Commission from clearing any politician charged or impeached from vying in the August 9 polls.
Edward Asitiba said IEBC has refused and failed to bar individuals with questionable integrity from running for public office unless there is a court order.
“There is imminent threat that the constitution will be violated if such persons are allowed to run for public office,” the application reads.
Asitiba said aspirants who have been impeached and some with pending or active cases in court have been cleared by IEBC to contest for public office.
He wants persons with questionable integrity and those with cases to be barred from running for office pending the hearing and determination of his petition.
“Persons who have previously been removed from office through impeachment should be barred from holding any public office pending hearing of the case,” court papers read.
He further said the Ethics and Anti Corruption Commission and Commission on Administration of Justice have a duty to vet and bar individuals implicated in corruption from running for public office.
“The blatant disregard of the provisions on leadership and integrity as espoused under chapter six leads to poor governance and encourages abuse," he said.
"And misuse of state office by state officials to enrich themselves and further their persona interests to the detriment of Kenyans."
According to court papers, allowing such aspirants to contest for public office is an assault on Chapter Six of the Constitution of Kenya 2010, mockery of the supreme law.
He further argues that the presumption of innocence notwithstanding, allowing such aspirants to run for office is to risk having corrupt officials hold office.
“The inevitable consequences are increased looting and a by-election at the expense of taxpayers which can be avoided by requiring aspirant’s to be cleared of any charges before running for office,” he said.
(Edited by Tabnacha O)