When the Independent Electoral and Boundaries Commission (IEBC) submitted a list of 21,863 election aspirants to the Ethics and Anti-Corruption Commission (EACC) for ‘integrity vetting’, was it doing this as an empty exercise devoid of meaning? Surely no.
It expected an answer, which it got. The anti-corruption agency replied by flagging 241 aspirants, which it deemed unfit to hold public office on moral and ethical grounds.
Specifically, it tagged them for corruption and economic crimes and recommended that the IEBC decline to clear them to vie in the elections. They range from gubernatorial, senatorial, National Assembly and ward rep candidates – the whole gamut.
Many have active graft and criminal cases in the courts. A few have been convicted but have appealed. One is an impeached governor who is waiting for the Supreme Court to hear his appeal.
The IEBC’s response was extremely depressing. Citing articles of law which say nobody should be disqualified from running for election unless they have exhausted all avenues of appeal, commission chairman Wafula Chebukati argued that his hands were tied because the cases of the suspects either had not been determined or where there had been convictions, appeals had been lodged.
The IEBC thus refused to disqualify the listed names except two, Mike Sonko, the impeached former Nairobi governor who wants to run for the same office in Mombasa, and Kiambu senatorial aspirant Karungo wa Thang’wa (both rushed to court to have the disqualification quashed).
The EACC was dissatisfied, and loudly said so. Its position is that the principle of “presumption of innocence until proven guilty” is superficial and legalistic, and cannot pass muster with Chapter Six of the Constitution that deals with Leadership and Integrity.
The anti-graft agency has insisted that political aspirants should be held to the same standard as state officers, who must immediately step down once they become the subject of investigations and prosecution.
Such was the situation with Lilian Omollo, a former Youth Affairs Principal Secretary (she’s on the EACC list). She had to step down in 2018 upon being charged over the NYS corruption scandal. While the case is ongoing, she’s running for the Embu senatorial seat through the Jubilee Party.
The EACC’s position has received full backing from the office of the DPP and civil society groups. Much as a presumption of innocence is important, leadership carries a special responsibility, noted the DPP.
A seeker of public office must come without blemish or perception issues in the eyes of the public. A High Court bench is set to rule on the matter, on a date to be specified. I don’t really place much trust on the Judiciary. It is the biggest stumbling block in the fight against corruption. Added to the years of delays before graft cases are heard and concluded, politicians have become adept at manipulating the cranky judicial process to ensure their cases remain in abeyance for eternity.
Chebukati pulling rank
One of the arguments the IEBC introduced when telling off the EACC was that it is a constitutionally independent body that cannot be under the direction or authority of anyone. Mmm…that’s Wafula Chebukati pulling rank.
The EACC is a constitutional body too, with a mandate which others should respect. The problem with this country is that any institution that has constitutional protection thinks it operates in an isolated universe and is not obliged to listen to other bodies whose roles in reality are complimentary.
The politicians on the EACC’s sights include Sirisia MP John Walukhe (convicted over a maize scam, but appealing) and Kimilili MP Didmus Barasa (accused of masquerading as an ex-military captain).
Governors with integrity questions are Anne Waiguru (Kirinyaga), Sospeter Ojaamong (Busia) and Muthomi Njuki (Tharaka-Nithi), among others. Also on the EACC blacklist is the foul-mouthed Kapseret MP Oscar Sudi, whose cases have ranged from hate speech to a dodgy education record.
The alleged falsification and forging of academic certificates, or just simply the lack of them, is the latest challenge facing the IEBC. The hugely embarrassing soap opera of Nairobi Senator Johnson Sakaja, now a gubernatorial candidate and whose credentials are being investigated, is only the tip of the iceberg.
Dark allegations, which have been dismissed by those concerned, have also been swirling around other aspiring governors: Mithika Linturi (Meru), Cleophas Malala (Kakamega), Wavinya Ndeti (Machakos) and the incumbent Taita-Taveta Governor Granton Samboja.
It’s believed many Kenyan politicians hold bogus certificates bought under the table from dubious universities. The recipients don’t have to attend a single class session in those institutions. Other certificates are outright River Road forgeries. It’s an indictment of both the politicians and our so-called academic institutions.
The EACC should seek to know how the Commission for University Education authenticates those “political” degrees, particularly those procured from neighbouring countries. It should also carry out investigations in all public and private Kenyan universities to establish their procedures for awarding degrees to practising politicians.
It’s true a degree doesn’t necessarily make a good leader. However, it is a requirement under the law for governors and their deputies (and the President and the Deputy President as well). When you see a guy running around procuring fraudulent certificates, there’s a far bigger problem than a lack of papers.
It confirms the fellow has no integrity. On that account alone he should not be allowed to hold public office. Besides, forgery and uttering false documents are not just ethical lapses but criminal offences. That is how this rampant academic cheating should be dealt with. It reflects the rotten standards of leadership in this country and the habit of cutting corners.
It’s so easy to establish if Sakaja is a graduate, even as investigation continues. You either have a genuine certificate, or you don’t. If you have a genuine one, show the transcripts. The rest are sideshows. The High Court won’t manufacture you a degree. As CS Fred Matiang’i, who is a former University of Nairobi lecturer, beautifully put it: “If a court has to prove you have a degree, then you probably do not.” BY DAILY NATION