ARTICLE 75 VS ARTICLE 99 SUB SECTION 3
THE GRILLING ROAD TO ELECTION
I have fought the good fight, run the good race and completed my journey and my crown awaits, this is the statement many Kenyans are still waiting to hear and not the famous, this time we promise we will…. The rest is history.
Most state officers are already running to the rescue as they hold the constitution article 99 sub section 3 as their refuge which states that’s a person is not disqualified under clause (2) unless all possibility of appeal or review of the relevant sentence or decision has been exhausted.
Clause 2 gives the various reason stating amongst many that; A person is disqualified from being elected a member of Parliament if the person is found, in accordance with any law, to have misused or abused a state office or public office or in any way to have contravened Chapter Six.
The mega corruption scandal since 2013 include the Eurobond Scandal, the National Youth Service Scandal, the Arror Kimwarer Dams Scandal, the Waluke Maize Scandal and recent KEMSA mismanagement of COVID-19 funds among others.
After every five years in Kenya, it’s not new for anyone to see aspirants and seating state officer asking to either be elected or be re-elected. Kenyans have gone online to ask those who have misused public resources for their personal gain as IEBC await to clear the presidential aspirant between 29th May and 7th June.
- Governorship to be cleared between 4th – 7th June
- Senate 29th – 31st May
- Member of Parliament 29th May – 31st May
- Women Rep 1st June – 3rd June
- MCA 1st June – 7th June
Amongst the many faces and aspirant facing the law and accusation are as follows:
- Rigathi Gachagua – UDA, Deputy President Running mate
- Evans Kidero – Aspirant Homabay Governor
- Mike Sonko – Aspirant Mombasa Governor
- Anne Waiguru – Kirinyaga Governor
- Muthomi Njoki – Tharaka nithi Governor
- Babu Owino – Embakasi Mp
In a statement one law practitioner explained that while reading the constitution purposively, holistically and teleologically the state officer and those wishing to hold public office should be held accountable as per Article 75 sub section 3 which states that, a person who has been dismissed or otherwise removed from office for a contravention of the provisions specified in clause (2) is disqualified from holding any other State office.
The IEBC is met with a hard decision that need to be taken to clear those running for office in the upcoming general election which is 76 days away.
In the event the IEBC read and decides as it uses the constitution as its page of reference. Eyes are on them being an independent body even with the court having delayed some of this proceeding. Will they be pardoned as was done in 2013 by the ICC for President Uhuru Kenyatta and many other in office or will they be banned for running for office?
Henry Rotich being the first minister to be arrested and charged with corruption, will be IEBC stop them from running for office or should the court have concluded there cases even before them applying?
Article 75 support that they should be burred from office while Article 99 stands as refuge.
Tags: Corruption Iebc Article Consitution Law Judiciary Election Governors
