DEAR INDEPENDENT ELECTORAL BOUNDARIES COMMISSION THOU SHALL NOT APPROVE NAMES ETHICS AND ANTI-CORRUPTION COMMISSION HAS RED CARDED
By: Odhiambo Jerameel Kevins Owuor
Worth Noting:
- Those two are just among the 241 candidates that EACC have red carded. Most of them have issues for they were involved in: misappropriation of funds; embezzlement of funds; economic crimes; abuse of office; conspiracy to commit an offence of corruption; corruption; nepotism tribalism; irregular procurement; invalid degree certificate; irregular recruitment; money laundering; unlawful acquisition of public property.
- These are issues that have to be taken into account and IEBC to stop such aspirants from being cleared. These candidates have a tainted image and perhaps there are high chances that should they get into office they will continue with these heinous acts which aren’t legal.
August 9th definitely is a day that many in Kenya are looking forward to. This is because Kenyans will be given a chance to elect their leaders, for in Kenya we practice indirect democracy. Why are elections important? Elections make a fundamental contribution to democratic governance. Because direct democracy—a form of government in which political decisions are made directly by the entire body of qualified citizens—is impractical in most modern societies, democratic government must be conducted through representatives. Elections enable voters to select leaders and to hold them accountable for their performance in office. Accountability can be undermined when elected leaders do not care whether they are re-elected or when, for historical or other reasons, one party or coalition is so dominant that there is effectively no choice for voters among alternative candidates, parties, or policies. Nevertheless, the possibility of controlling leaders by requiring them to submit to regular and periodic elections helps to solve the problem of succession in leadership and thus contributes to the continuation of democracy.
Moreover, where the electoral process is competitive and forces candidates or parties to expose their records and future intentions to popular scrutiny, elections serve as forums for the discussion of public issues and facilitate the expression of public opinion. Elections thus provide political education for citizens and ensure the responsiveness of democratic governments to the will of the people. They also serve to legitimize the acts of those who wield power, a function that is performed to some extent even by elections that are non-competitive. Elections also reinforce the stability and legitimacy of the political community. Like national holidays commemorating common experiences, elections link citizens to each other and thereby confirm the viability of the polity. As a result, elections help to facilitate social and political integration.
Even as we head to elections care must be taken to ensure that Chapter six on leadership and integrity is realized. This chapter enumerates what is expected of leaders in the public domain. To effect this provision we have Leadership and Integrity Act as well as Public Officer Ethics Act which are to be reinforced. The body largely responsible for this is Ethics and Anti-Corruption Commission that is headed by Twalib Mubarak. Yesterday this body sent a document to Independent Electoral and Boundaries to forbid some aspirants from being cleared for the 2022 elections.
According to Ethics and Anti-Corruption Commission, several candidates aren’t fit for office thus should not be allowed to vie for any office in the land. Perhaps a look at some of those red carded will bring this into perspective. Dr. Evans Kidero is vying for Homa Bay gubernatorial seat on an independent ticket. This is what EACC had to say about him: ‘The Commission received and investigated allegations of impropriety, corruption and economic crime against the aspirant while serving as the Governor of Nairobi City County. Some of the allegations investigated include irregular payment of 28 million to a private company and irregular payment of 68 million to a law firm and a private company which later transferred the money to a private company associated with the aspirant. The aspirant has been charged in court with Anti-corruption and Economic Crimes offences.’ Another aspirant EACC had an issue with is Gideon Mbuvi Kioko famously known as Mike Sonko. This is what EACC had to state about him: ‘The aspirant was, in the general election of August 2017 elected as Nairobi Governor. By a resolution made on 3rd December 2020, the Nairobi County Assembly resolved to remove him from office, by way of impeachment for violations of the Constitution. He was found to have grossly violated the Constitution, abused his office, gross misconduct and lastly conflict of interest.’
Those two are just among the 241 candidates that EACC have red carded. Most of them have issues for they were involved in: misappropriation of funds; embezzlement of funds; economic crimes; abuse of office; conspiracy to commit an offence of corruption; corruption; nepotism tribalism; irregular procurement; invalid degree certificate; irregular recruitment; money laundering; unlawful acquisition of public property. These are issues that have to be taken into account and IEBC to stop such aspirants from being cleared. These candidates have a tainted image and perhaps there are high chances that should they get into office they will continue with these heinous acts which aren’t legal.
Now that Ethics and Anti-Corruption Commission has done its part, now it is upon the Independent Electoral and Boundaries Commission not to clear the candidates with bad records. That will definitely save this country a great deal. It will prevent crooks from being elected into the various positions be it Governor, Senator, Women representatives, Member of County Assembly and lastly Member of National Assembly. This is the time to implement Chapter six of the Constitution by all means. Crooks deserve no leadership positions in Kenya. Over to you Independent Electoral and Boundaries Commission. I hope that I don’t get disappointed.
Odhiambo Jerameel Kevins Owuor is a law student at University of Nairobi, Parklands Campus. He regularly comments on social, contemporary, legal and political matters in equal measure.