Chief Justice Martha Koome has established a three-judge panel to review eight petitions challenging the eligibility of candidates with active legal cases or impeachment records for the August 9 elections. The bench, led by Justice David Majanja and including Justices Chacha Mwita and Mugure Thande, will examine whether individuals with unresolved criminal charges, impeachment histories, or questionable integrity can contest public office.
Petitions were filed by civil society groups and individuals including rights activist Okiya Omtatah, Inuka Kenya na Sisi, lawyer Edward Asitiba, and Kituo cha Sheria. The cases focus on two key issues: the disqualification of impeached officials and the inclusion of candidates with pending corruption allegations.
Impeached Officials' Eligibility ¶
The petitions argue that former Mombasa Governor Hassan Ali Sonko and Kiambu County Assembly member David Thangw’a should be barred from running. Sonko was removed from office in December 2020 for misusing public funds, intimidating staff, and making inflammatory social media posts. Thangw’a was impeached in October 2019 over misconduct during his tenure as youth affairs minister.
Legal arguments cite Article 75(3) of the Constitution, which prohibits individuals removed from office from holding any state position. Petitioners claim the electoral commission’s failure to enforce this provision has allowed unfit candidates to remain in power.
Legal Challenges and Electoral Commission Stance ¶
Asitiba’s petition seeks to block candidates with unresolved economic crimes or abuse-of-office charges from running until cleared. He argues that allowing such individuals risks perpetuating corruption, despite the presumption of innocence. The Independent Electoral and Boundaries Commission (IEBC) has previously stated it cannot disqualify candidates based on integrity reports alone, requiring court orders for enforcement.
The IEBC’s position has drawn criticism for undermining constitutional safeguards. Petitioners assert that without judicial intervention, unfit candidates will continue to hold office, eroding public trust in electoral institutions.