Why all eyes are on vetting agencies ahead of polls

All eyes will be on vetting agencies to prove that the elusive adherence to the integrity code among politicians will at least be implemented in the upcoming elections.

Under the much-discussed Chapter Six of the Constitution, aspirants are supposed to pass a tough integrity test, which, among other things, requires them be honest and not to have abused office or misused public resources.

They should also not have falsified records, engaged in unprofessional conduct, and committed a sexual offence or any other crime punishable in a court of law.

However, the implementation of this ambitious law has largely been a dilemma for political parties and vetting agencies, as aspirants argue that voters should have the final decision.

Last week, a multi-agency committee that includes Attorney-General Githu Muigai, the Independent Electoral and Boundaries Commission, the Ethics and Anti-Corruption Commission and the Registrar of Political Parties said those convicted of crimes, for example, will be barred from running, unless they have appealed the sentences.

INTEGRITY QUESTIONS

But the team placed on voters and their political parties the actual responsibility of checking integrity.

“The institutions will enforce compliance with the leadership and integrity requirements by aspirants in the forthcoming General Election,” they said in a joint statement.

“It is the duty of every citizen, and indeed every stakeholder in the electoral process to ensure that candidates for election possess the required threshold of integrity,” the agencies said

The statement came after some voters in Embakasi Central constituency wrote to the vetting agencies seeking that current Embakasi MP John Ndirangu be barred from running in the next elections, arguing he is a convict.

The voters who attached proof that they were registered at the Mwangaza polling station in the constituency argued through their lawyer that it was “a matter of public knowledge” that the sitting MP is a former convict found guilty of abuse of office during his time as mayor of Nairobi.

HEADACHE

Jubilee Party has more headache after a voter filed a complaint against one of its aspirants in Nyeri’s Mukurwe-ini Constituency.

The County heads to Jubilee nominations on Wednesday but questions were raised about Mr Anthony Githiaka Kiai who was last year struck from the advocate’s roll after complaints arose from the way he treated his clients as a lawyer.

The voter, a Mr Kariuki Mwangi argued there are “serious unresolved integrity questions” hanging over Mr Kiai, some of which led to his disbarment.

According to the current Advocates’ Roll at the Law Society of Kenya, Mr Kiai’s status is “struck off" meaning he cannot practise law.

The Attorney General Githu Muigai normally deletes lawyers from the official roll if found culpable of professional misconduct or even corruption.

Politically speaking, a lawyer barred from practicing may still contest for an elective seat. However, all eyes will on the Jubilee Party and the IEBC since the contestant has to seek clearance from the Ethics Commission and the Directorate of Criminal Investigation.

The voter argued the Integrity Act has set a high threshold that bars people with dark past in their professional life and Mr Kiai should be disqualified.

CONVICTED

While mayor in January 2004, Mr Ndirangu was found guilty of two counts of obtaining by false pretence and uttering a false document. The court sentenced him to a year in jail or a fine of Sh100,000 on each count. He opted to pay the fine.

The court found that he had falsely presented to the then City Council of Nairobi claims of house allowance, which he was entitled to only if he was renting a house.

He received Sh80,000 a month after presenting his rental house as LR 97/2337. Later, he amended the claim to LR 2387 in Avenue Park. Prosecutors, however, proved that the latter plot number was non-existent in Nairobi and that the first plot number in fact belonged to Mr Ndirangu, meaning he was receiving the allowance fraudulently.

In 2013, the Ombudsman wrote to the IEBC opposing his nomination as The National Alliance (TNA) aspirant. But Mr Njoroge went on to win the seat, beating ODM’s Lameck Siage 37,168 to 20,623 votes.

After the poll, NGO Kituo Cha Sheria petitioned the court to nullify his election. Justice George Kimondo agreed that the MP had low integrity, but still dismissed the petition because it had been filed by a non-voter.

FORGERY CLAIMS

“The first respondent, on the face of it, fails the qualification or integrity test under article 99 (2) (h). He was convicted of abuse of office charges on 14th January 2004. He did not appeal the decision,” the judge said in a petition filed against the MP and the IEBC.

“If this petition had been brought by a competent party the question whether the 1st respondent qualified for nomination and whether the second respondent (IEBC) erred in clearing him was not entirely without merit.”

Mr Ndirangu is among several aspirants facing integrity questions, which if proved would see them locked out of the polls.

Mombasa Governor Hassan Joho is fighting to clear his name from forgery claims. A petitioner in Eldoret wants governorship aspirant Zedekiah Buzeki to prove his academic credentials.

Peris Simam, former MP for Eldoret South, was found guilty of misusing CDF money last year. She is seeking to become the woman rep for Uasin Gishu.

CRIMINAL RECORD

Last month, the Jubilee Party barred former Mungiki leader Maina Njenga from taking part in their primaries, offering as a reason his past criminal record. But Mr Njenga got a nod from Kanu, which, incidentally, supports Jubilee Party.

Raphael Tuju, the Jubilee secretary-general, argued his party was sifting through documents presented by aspirants and would disqualify anyone found to have falsified records even if they win nominations.

“We do not want to present to the IEBC candidates who will be disqualified (on integrity grounds), because it means it is Jubilee which loses,” he argued.

The vetting agencies say those who have run out of the window to appeal will be locked out.