The Ethics and Anti-Corruption Commission Chief Executive Officer (CEO) Twalib Mbarak and Director of Public Prosecution (DPP), Mr. Noordin Haji have thrown the gauntlet to Kenyans to put the country first and vote wisely during the upcoming General Elections.
The two anti-graft agencies leaders were addressing the topic of The Integrity Question in the 2022 Elections today morning on the Situation Room programme on Spice FM and KTN Home.
The two said that integrity was a more of a moral rather than a legal issue, and Kenyans should see Kenya as a house we own, and make sure we own it by choosing people of integrity to lead us. “To all Kenyan, vote wisely,”, EACC said, while the DPP echoed the call adding that “”Let us put this country ahead and make sure we own it, by having people with integrity.”
The two, who were addressing the issue of integrity during the upcoming General elections said that morality cannot be addressed by legal means. Noting that the issue of integrity and leadership was covered by our constitution guided under Chapter Six, EACC CEO said that the constitution law was amorphous, giving more of a moral guidance than a legal guidance.
The EACC CEO was dissuading the notion that institutions charged with enforcing Chapter Six were not playing their roles said that when the draft constitution was taken to parliament, politicians realised the chapter was a rope and diluted it.
Accordingly, it is difficult to measure integrity using papers work as it is more of a reputation issue.
The CEO clarified that as it is, EACC has no powers to stop an entity from clearing leaders vying for elective post as this is done as per Article 99 of the Constitution.
Article 99 provides for Qualifications and disqualifications for election as member of Parliament. Specifically, Article 99(3) provides that, “A person is not disqualified under clause (2) unless all possibility of appeal or review of the relevant sentence or decision has been exhausted.” This has been the law behind which aspirants facing prosecution over graft related offences are hiding.
The law is not sufficient to realise what we want, added the DPP. He however said that leaders who have been impeached from office should not vie for elective positions even in another county. He said that the decision of Parliament was equivalent to a ruling by a High Court. He termed those vying as abusing the process of the law. EACC’s CEO said that it had made many recommendations to change the law.
The two leaders also noted that corruption tainted officials were also using ACECA to hide from the law, with politicians claiming that they were public officers and not state Officers. Accordingly, DPP Hajji and EACC CEO Twalib called on Kenyans to pick the gauntlet and vote in honest people, who have the goodwill to support rather than frustrate the fight against corruption.