Kenya polls body to bar candidates over ethics

The Interim Independent Electoral Commission will disqualify candidates who fail the integrity test demanded by the Constitution during the Kirinyaga Central by-election set for February 16.

IIEC chairman Issack Hassan warned political parties that their candidates were likely to be disqualified if they are not properly vetted. He added that it was the duty of political parties to ensure that their candidates meet the integrity criteria set out in the new Constitution, at Chapter Six.

“Political parties should know their own candidates and if this is not done we will go ahead and use the necessary laws to bar them from contesting,” said Mr Hassan.

He added that after the nomination of candidates for the Kirinyaga Central in January, the IIEC will publish the names of the candidates to give the public an opportunity to raise any queries about them. Any allegations, Mr Hassan said, will then be verified through various institutions including the courts.

Mr Hassan spoke when he passed on the writ declaring the Kirinyaga Central seat vacant to the returning officer Ms Teresia Wanjiru and her deputy Mr Kenneth Kamau Gaciura.

The battle for the Kirinyaga Central parliamentary seat is set February 16, 2011. Political parties wishing to take part in the by-election have until December 14 to finalise the nomination of their respective candidates, Mr Hassan said.
Additional Funds

The IIEC said that it would talk to Treasury to provide the funding for the by-elections as its funds for elections had been exhausted. Mr Hassan said that they had only budgeted for five by-elections which have already been conducted and needs Sh50 million for the upcoming one.

“There are also pending petitions in Ikolomani, Kamukunji and Kitutu Masaba and we do not know the outcome, so we will be asking Treasury to provide funds for all in case by-elections are needed,” said Mr Hassan.

The capability of political parties to nominate untainted candidates in elections arose after allegations of misconduct were raised after Mr Gidion Mbuvi was elected as Makadara MP in a by-election in September.

He has since been arraigned in court for offences of fraud which are alleged to have landed him in prison. The Narc-Kenya MP spent most of last week in police custody after he was re-arrested over his pending warrants of arrest.

When the issues against Mr Mbuvi were raised, his party boss and former Justice minister Martha Karua accused those questioning his record of political mischief and doublespeak.

Petition

The Kirinyaga by-election was occasioned by nullification by the High Court of the December 2007 election of Mr John Ngata following a petition filed by former area MP Daniel Karaba.

Low-key campaigns for the seat started soon after the High Court’s ruling.

Apart from Mr Karaba, a number of other candidates are interested in the seat and three of them were among the first candidates to declare they would run.
They are surveyor Mr Gachoki Gitari, Nairobi businesswoman Ms Beth Wambura and a financial consultant and former managing director of Kenya Industrial Estates, Mr Henry Mwaniki.

Mr Ngata has not yet indicated if he will be seeking to recapture the seat.

Meanwhile, the IIEC says that it is in the process of preparing the law that will establish its successor, The Independent Electoral and Boundaries Commission. Mr Hassan said that they will soon call for a stakeholders meeting where the draft law will be scrutinised before it is tabled in parliament.

He added that the IIEC was ready for the transition once the new law is enacted since it would only affect the commissioners as the secretariat is permanent.