Bar questionable characters from vying, EACC nominees say

Individuals implicated in the graft should be barred from vying for political seats, two nominees for the anti-corruption agency said yesterday.

Dr Cecilia Mutuku and Mr John Ogallo, who are seeking to join the Ethics and Anti-Corruption Commission, told MPs during their vetting that clearing such aspirants emboldens others to engage in graft.

They told the National Assembly’s Justice and Legal Affairs Committee that although the law allows such persons to vie if their cases have not been completed, this raises moral and ethical questions.

“It sends the wrong message that corruption pays and that people can actually steal to finance their campaigns,” said Mr Ogallo, who has a net worth of Sh143 million.

He faulted the current legal system, which he said only deems a person guilty once the case has been completed.

“MPs need to make laws to strengthen the fight against corruption so that people don’t take advantage of the lacuna in law. Graft is fuelled by politics and that’s a huge problem,” Mr Ogallo said.

“We are victims of our own system because nobody gets barred until he is convicted and the conviction rates in this cases are very low; the process itself is convoluted,” he added.

Article 99 of the Constitution disqualifies a person from being elected to Parliament if he or she is the subject of a prison sentence of at least six months, as at the date of registration as a candidate, or the election.

However, the relief is that one cannot be disqualified unless all possibility of appeal or review of the sentence has been exhausted. This has allowed individuals with graft cases to seek elective seats.

Aspirants have also capitalised on the principle of presumption of innocence to get clearance from EACC and the Independent Electoral and Boundaries Commission (IEBC).

The legal principle holds that every person accused of any crime is considered innocent until proven guilty. As such, a prosecutor is required to prove that the person committed the crime.

Dr Mutuku said the country needs to ask itself a moral question by allowing those facing graft-related charges to vie for elective positions. “Such leaders should not be allowed to vie. Many employers look for the best candidates when they are hiring,” he said.

She said many organisations cannot hire people who lack integrity simply because they have not been charged in court.

Dr Mutuku, who has a net worth of Sh6 million and is the Head of Human Resources at the Kenya Bureau of Standards, pledged to come up with strong anti-graft policies at EACC if approved by Parliament. “There’s hope for our country and our children. This is a war that can be won,” she said.

She castigated individuals holding public offices who have failed to live according to the dictates of the Constitution and have instead resorted to seeking personal benefits using their positions.

The committee will retreat to write its report on the suitability of the two and present it to the House for consideration. The Public Appointments (Parliamentary Approval) Act requires the National Assembly to undertake the exercise within 28 days.

If approved, the two will replace commissioner Paul Gachoka and vice-chair Sophia Lepuchirit, whose six-year terms ended late last year.

Ugunja MP Opiyo Wandayi sponsored the Elections (Amendment) Bill, 2021 that sought to bar anyone that has been charged in court for an offence related to corruption or economic crimes from vying for any elective seat. The Bill is yet to be introduced for the first reading.

It seeks to amend sections 23, 24, and 25 of the Elections Act.