IIEC put in a spot over some candidates' criminal record

By David Ochami

The Interim Independent Electoral Commission (IIEC) was put on its defence over some candidate’s record in the recent by-elections.

A candidate in the Makadara by-election has been quoted in the media admitting a past criminal conviction.

Another one faced a criminal prosecution whose outcome is not established. Another has admitted escaping from jail and it is not clear if the escape led to a conviction.

On Monday, responding to questions on the integrity of the Makadara by-election, IIEC chairman Ahmed Issack Hassan said one can only be barred from contesting an election for flouting electoral rules.

"An election offence is the only thing that can disqualify one from contesting an election," said Mr Hassan, quoting the National Assembly and Presidential Elections Act, Cap 7 of the Laws of Kenya.

"We relied on political parties," he said, adding the parties are expected to exercise "due diligence" to ensure nominated candidates do not breach relevant electoral laws.

jail term

He said according to this law any other criminal conviction or jail term other than that arising from an election offence cannot be grounds to deny one a chance to contest a parliamentary seat.

There are two main laws governing election of MPs — the National Assembly and Presidential Elections Act, and the Election Offences Act.

To be certified to contest, one must be of sound mind, literate in English and Kiswahili, should not be bankrupt and should be a Kenyan citizen among other qualifications.

But some lawyers argue anyone convicted of a criminal offence, including that leading to a jail term of more than six months imprisonment, does not qualify to be elected.

The ‘learned friends’ argue some individuals with questionable character should not be put in elective positions.

But the IIEC chairman said such blanket consideration would violate potential candidates’ constitutional rights.