Ongoing amendments to the Leadership and Integrity Act and the Election Act will automatically lock out at least 20 serving legislators in the current parliament.
Ugunja MP Opiyo Wandayi is confident that this time round, any corrupt person hoping to get elected to any political office has no chance of ascending to the political office of his or her choice.
The legislator, who is also rumored to be eying Siaya gubernatorial seat, has promised to table a bill in parliament that will see a number of legislations at both Independent Electoral and Boundaries Commission (IEBC) and Ethics and Anti-Corruption Commission (EACC) effected to sieve people who are eying political seats in the upcoming 2022 general elections, or any other subsequent elections.
As presently constituted, Article 99 of the constitution of Kenya disqualifies any person from being elected a Member of Parliament if the person has been subject to a sentence of imprisonment of at least six months as at the date of registration as a candidate, or at the date of election.
But there is a soft underbelly to the law which many politicians would easily exploit; it states that “a person is not disqualified unless all possibility of appeal of review of the whole process are exhausted,”. This has seen many politicians ride on it, despite having active cases still pending before the courts of law.
Part of the amendment Bill 2021 by the MP, who is also Public Accounts Committee (PAC) chair states as follows: “A person is not qualified for nomination as a presidential candidate if the person has been formerly charged in a court of law for an offence related to corruption or economic crimes and the case has not been finished”.
This amendment, if adopted by the parliament, and passed, would automatically lock out at least 20 serving legislators in the current parliament.
It should be noted that Kenyans have been lamenting on the slow pace by which IEBC and the Anti-Corruption agencies (including the Directorate of Criminal Investigations) have been carrying out their responsibilities of sieving chaffs from wheat by eradicating the country of corrupt individuals.
“The best way to stop corruption in the government is to stop corrupt people from getting into office either as elected leaders or appointed bureaucrats. And when some are detected to have somehow found their way to leadership and are suspected of trying to steal from the public, they must immediately be chucked out until it is proved that they are, indeed innocent,” Wandayi said.
The proposed amendments on the Election Amendment Bill, 2011 and the Leadership and Integrity Act, 2012 seeks to embolden the enactment of Chapter Six of the Constitution which calls for integrity among public office holders.
Several lawmakers and governors remain in office despite facing serious charges in court including murder, corruption among others in what is blamed on the country’s weak laws.
Close to 20 MPs are currently facing charges which include misuse of Constituency Development Fund (CDF) cash, fraud, forgery and murder which are regarded as breach of the integrity laws.
Busia governor Sospeter Ojaamong, Migori governor Okoth Obado, Samburu governor Moses Lenolkulal, Garissa governor Ali Korane and Tharaka Nithi governor Muthomi Njuki are facing corruption charges hence they might not be eligible to contest in 2022 if laws are amended.
Related: Strange Reason Why Raila Wants “Unclean” Chebukati To Stay At IEBC
