Corrupt politicians to miss 2022 election in new bill

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Economy

Corrupt politicians to miss 2022 election in new bill


Parliament buildings in Nairobi. PHOTO FILE | NMG

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Summary

  • Those accused of corruption and other economic crimes will be excluded from next year’s elections if MPs approve proposed changes to election, leadership and integrity laws.
  • Aspirants with active court cases will not be able to run for president, member of parliament or member of the county assembly (MCA) under proposed amendments to the electoral law.

Those accused of corruption and other economic crimes will be excluded from next year’s elections if MPs approve proposed changes to election, leadership and integrity laws.

Aspirants with active court cases will not be able to run for office of President, Member of Parliament or Member of the County Assembly (MCA) under proposed changes to the Election Law and the Leadership Law. and integrity.

“A person is not qualified to run for president if they have been formally indicted in court for an offense related to corruption or economic crimes and the case has not been finalized,” the official said. Election Bill (Amendment), 2021.

Article 99 of the Constitution disqualifies a person from being elected deputy if he is liable to a term of imprisonment of at least six months, from the date of registration as a candidate or from the date of the election.

However, the law has an endorsement whereby a person is not disqualified unless all possibilities of appeal or review of the sentence have been exhausted.

This loophole has allowed those accused of offenses to run for elective seats despite pending cases in court.

Candidates for political seats also capitalized on the principle of the presumption of innocence to obtain authorization from the Ethics and Anti-Corruption Commission (EACC) and the Independent Commission for Elections and Borders (IEBC). ).

The legal principle states that anyone accused of a crime is considered innocent until proven guilty. As such, a prosecutor is required to prove beyond a reasonable doubt that the person committed the crime if that person is to be convicted.

The bill sponsored by Ugunja MP Opiyo Wandayi aims to amend Articles 23, 24 and 25 of the Election Law.

About fifteen sitting MPs are currently taking corruption and other economic crimes related cases to the courts.

For example, Sirisia MP John Waluke is on bail after being convicted of illegally acquiring 297 million shillings under a suspicious corn supply deal with the National Cereals and Produce Board (NCPB).

Lugari MP Ayub Savula accused of fraudulently obtaining 122 million shillings from the Government Advertising Agency (GAA) while Kibwezi West MP Patrick Musimba accused of stealing 1.1 billion shillings from the Chase Bank. Nandi Hills MP Alfred Keter faces several charges relating to the forgery of 633 million shillings treasury bills.

Nyeri Congressman Rigathi Gachagua and his eight associates were also charged with alleged fraudulent acquisition of public funds and conspiracy to defraud the Nyeri County government of 27.4 million shillings.

The eight include Mr. Gachagua’s close ally and the director of the Mathira Government and Constituency National Development Fund, William Wahome Mwangi, who is also chairman of the Tana Water Works Development Agency.

The proposed amendments to the Leadership and Integrity Act 2012 provide for the temporary suspension of a state official or public official who has been charged with bribery or other serious corruption-related crimes.

“A state official who is formally indicted in court must cease to exercise the functions of his office pending the finalization of the case in court,” says the bill.

Mr. Wandayi said the best way to stop corruption is to prevent corrupt people from gaining public office.


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