IEBC justifies senators' quest for governorship
Voting at Ruthimitu Secondary School in Dagoretti South, Nairobi, on August 8, 2017. The IEBC says senators can vie for the governorship position. PHOTO | SALATON NJAU | NATION MEDIA GROUP
What you need to know:
- The IEBC argued that a senator, being a Member of Parliament, was exempt from the requirement of resignation.
- The IEBC said the petition was unfounded as it seeks to curtail Mr Omar’s constitutional rights.
The electoral commission wants a petition seeking the declaration that a senator is ineligible to be elected as a governor dismissed.
If the petition is allowed, governors who were senators prior to their election in the August 8 General Election could lose their seats.
Responding to the petition by a Mombasa voter, the Independent Electoral and Boundaries Commission (IEBC) said the contention that a senator, being a public officer, has to resign before seeking any elective position was inaccurate.
The agency argued that a senator, being a Member of Parliament, was exempt from the requirement of resignation.
It flagged the claim of conflict of interest as theoretical and not actual, saying Mr Hamilton Walongo’s petition has not demonstrated how a senator was thus conflicted.
HASSAN OMAR
Mr Walongo wants then-Mombasa Senator Hassan Omar (Wiper) declared as having been ineligible to vie for governor in the elections.
Through Lumatete Muchai and Company Advocates, however, the IEBC said Mr Omar was eligible to vie, adding that it was within the strict confines of the law in clearing him.
The IEBC said the petition was unfounded as it seeks to curtail Mr Omar’s constitutional rights without leaving a firm basis for curtailment.
“We submit that the petitioner has failed to prove the contentions raised in the petition,” the IEBC said. “The petition is premised on a clear misapprehension of the law.”
CONSTITUTION
The petitioner had however said the provision disqualifying State officers from contesting the governorship post does not apply for sitting governors as the office of the senator falls on the legislative arm of the government while that of governor is executive.
“Because of the significance of legislative duties of allocation of revenue, oversight and ensuring accountability, the drafters of the Constitution saw it prudent to bar the senator from running for the office of Governor,” Mr Walongo argued.
Through J. D. Oduor and Company Advocates, he said vacating State office before seeking election as a governor was a requirement and that Mr Omar’s right to contest elections for governor was justifiably limited.
Justice Eric Ogola directed that the submissions by the parties be highlighted on March 13.
