- Koome has appointed Justice David Majanja to preside over the bench and will be assisted by Justices Chacha Mwita and Mugure Thande.
- In the case, several activists and advocates want the court to bar politicians with cases in court from vying.
Image: MERCY MUMO
Chief Justice Martha Koome has empanelled a three-judge bench to hear the case on integrity of candidates vying in the August general election.
Koome has appointed justice David Majanja to preside over the bench and will be assisted by justices Chacha Mwita and Mugure Thande.
In the case, some activists and advocates want the court to bar politicians with cases in court from vying.
In one of the cases, Okiya Omtatah has asked the court to compel the IEBC not to clear persons with integrity questions.
Omtatah wants all the politicians with active graft cases in court to be barred from vying.
It is his argument that the presumption of innocence until proven guilty should not apply to the politicians' cases.
He further argues that it is wrong for someone to say that unless convicted by a court of law and all appeals exhausted, they cannot be barred from getting clearance from the electoral commission.
He also wants the court to declare that the IEBC has the 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 the upcoming elections.
In another case, advocate Edward 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 and mockery of the supreme law.
-Edited by SKanyara