The Ethics and Anti-Corruption Commission (EACC) and the Independent Electoral and Boundaries Commission (IEBC) in 9 consolidated petitions before a three Judge bench at Milimani Law courts, clashed over the fate of impeached governors and their rights to participate in elections.
EACC says the IEBC is expected to act on reports it presents on flagged candidates, but the IEBC insists that it has the final say on who should run, in accordance with the law.
The two constitutional bodies were named as respondents in the petitions that seek to determine the fate of Mike Mbuvi Sonko and Karungo Thangwa from contesting.
The petitions intends to block all candidates with corruption cases from contesting elections in Kenya, it further wants those who have been impeached from office on integrity grounds to be denied the chance to get back into elective positions.
The basis of the case is the list presented to the IEBC by the EACC, recommending that over 240 candidates who have expressed interest in vying in the August 9th polls be barred due to integrity issues.
In the same bench, Mike Sonko and Karungo Thangwa are fighting for a chance to be cleared to vie by IEBC, which has since declined on account of the impeachment of Sonko as Nairobi governor and Thangwa as county executive officer in Kiambu County.
Their advocates insist that their impeachment status does not stop them from participating in the general elections.
The advocates asked the court to dismiss the petition against their clients.
Nevertheless, Sonko’s case will also be heard by the IEBC’s dispute resolution tribunal as provided by the Law.
