Court cases aside, IEBC nods play on

Aspirants with criminal cases in court are still being cleared by the Independent Electoral and Boundaries Commission, despite lingering questions on their integrity.

So far, the commission has cleared Sirisia MP John Waluke and his Kapseret counterpart Oscar Sudi, both of whom have active cases in court. 

Former Youth Affairs PS Lillian Mbogo has also got the nod of the electoral agency to vie for Embu senator seat. She was implicated in National Youth Service multi-billion-shilling scandal.

Waluke, who is defending his seat on a Jubilee ticket, breathed a sigh of relief after IEBC gave him a clean bill of health to vie despite a case at the Court of Appeal.

Cash misappropriation

In July 2020, the Anti-Corruption Court sentenced the MP to 10 years in jail or pay a fine of Sh727 million for misappropriation of hefty sums of money from the National Cereals and Produce Board. 

He had been charged alongside Grace Wakhungu, who was also handed a similar sentence. They were, however, released three months later after appealing and depositing bonds of Sh20 million and Sh30 million, respectively. 

Speaking after getting IEBC’s clearance, Waluke said he had disapproved ‘doubting Thomases’.  “They have been going around claiming I will not be on the ballot. I have now disapproved them,” he said, adding that he was ready to face his opponents who had been peddling lies about him. 

Waluke said he was protected by the Constitution and thanked IEBC for not being intimidated by threats to stop him from vying.

“IEBC has now proved its independence and cannot be manipulated,” said Waluke.

Sudi was also cleared in absentia on Monday, with the IEBC defending itself for doing so. Kapseret returning officer Mildred Wachie said he had presented all the required documents. The MP was not personally present during the presentation, but sent his lawyer to represent him.

“He (Sudi) had written to IEBC, saying he was out of the country—a letter signed by his lawyer. This permits any candidate to send a representative,” said Wachie.

IEBC chair Wafula Chebukati has said they will not bar anyone with an active case in court or one who has appealed to a higher court after conviction. 

“For those who have been found guilty and convicted and there is no appeal pending, they will not be allowed to stand. For those who fall under Article 75, we will not clear them but for those under investigation or in court, the legal framework doesn’t provide for barring them,” he said.

In Nakuru, candidates seeking elective posts have been challenged to embrace value-driven politics devoid of incitement and violence. 

Bahati MP candidate Irene Njoki (Jubilee) said there was a need to exercise restraint and embrace peaceful co-existence ahead of the August polls. 

She spoke in Bahati after successfully submitting her papers. 

“Let us not divide our people, but instead engage in sober politics, peacefully seeking votes. This country is ours and we have a responsibility to ensure we live in harmony,” said Njoki. 

Kimani Ngunjiri of UDA was also cleared for the Bahati MP seat. “I have heavily invested in education and security during my tenure as MP. I am confident my people will re-elect me. I’m looking forward to peaceful campaigns and polls,” said Ngunjiri. 

Rongai MP Raymond Moi was also cleared to defend his seat on a Kanu ticket, bringing to an end speculation that he would not defend his seat due to health concerns.  “Those who thought I would  not be on the ballot are wrong. I have been cleared and I’m energetic enough to start my campaigns immediately. My track record speaks for me,” said Raymond. 

Defend Kuresoi seat

National Assembly Deputy Speaker Moses Cheboi also got the greenlight to defend his Kuresoi North Parliamentary seat as an independent candidate. He lost in the UDA Party nominations. 

Meanwhile, former Naivasha MP John Mututho is attempting to recapture the seat on an ODM ticket after getting IEBC clearance. “We are in Azimio and are determined to change the leadership of Nakuru — which needs someone to fight for its space at the national level,” said Mututho.  

Other places where the IEBC acted with speed to clear contestants include  Kakamega ­ — Shinyalu, Malava, Khwisero, Lurambi, Butere, Matungu, Lugari and Mumias — as well as Nyamira, Borabu, Kitutu Masaba and West Mugirango.

-Reports by Yusuf Masibo, Roy Lumbe, Evans Nyakundi and Dennis Lumiti