By Allan Kisia
Nairobi, Kenya: The Office of the Ombudsman wants the Independent Electoral and Boundaries Commission (IEBC) to bar two Nairobi MPs from contesting for any elective seat in next year’s elections.
The Commission on Administrative Justice (Office of the Ombudsman), in its recommendations to the IEBC, said MPs Gideon Mbuvi (Makadara) and Ferdinand Waititu (Embakasi) are unsuitable to hold public office.
“We fully recognise that the IEBC is constitutionally mandated to make the determination on the eligibility to run for elective office. We note that subsequent to this determination, an aggrieved party has the final option of challenging the decision by Judicial Review,” said Otiende Amollo, the commission’s chair.
Apart from the two legislators, the commission further recommended similar action against 12 former public officers who were convicted of abuse of office.
It also asked the IEBC to bar all the 22 former commissioners of the defunct Electoral Commission of Kenya (ECK) from running for any elective seat.
The commission said Waititu allegedly attempted to bribe an officer of the Kenya Anti-Corruption Commission with Sh23, 000 for which he was subsequently charged.
In a letter to the IEBC chairman Isaack Hassan, the commission said Waititu publicly engaged in hate speech, incited people against the police and certain communities and participated in violence within Nairobi.
“In September 2012, he made a statement against the Maasai community in Kayole estate inciting his constituents to violence,” the letter pointed out.
It continued “Indeed, his conduct made the president to relieve him off his duties as assistant minister for Water and Irrigation.”
The letter further pointed out that on December 13, 2010, Waititu displayed hooliganism by leading his constituents in KPA slum in Embakasi to attack the police and allegedly uttered “protect the eviction and throw stones at the police.”
Speaking at press conference in Nairobi, Amollo noted that Mbuvi was accused of misbehaviour and bribery in relation to an alleged physical assault on the National Assembly senior sergeant-at-arms Harun Okal.
“Mbuvi was himself shown publicly stating in the media that he met Okal at Hotel Intercontinental where he bribed him Sh25, 000 via mobile money transfer for him to drop the complaint,” he added.
He noted that the commission wrote to Mbuvi to confirm the allegations but there was no response from the MP.
“In addition, Mbuvi has not only been arraigned in court in several criminal charges relating to fraud but also publicly conducted himself in a manner that demeans the office he holds as an MP,” added Amollo.
He noted that the commission sought and obtained a list of public officers who have been convicted of abuse of office over the years from the Ethics and Anti-Corruption Commission and the office of Director of Prosecutions.
“Having received a long list of over 160 names, the commission sought to isolate names of only persons who served as public officers at the time and who were convicted of abuse of power.
The 12 who the commission recommended for baring include former Nairobi Mayor John Ndirangu, Francis Oyugi, former managing director Kenya Wine Agencies, Silvester Mwaliko, former PS ministry of Home Affairs and Duncan Muriuki, former chairman Kenya Tourism Board.
Omollo however noted that Muriuki appealed against his conviction and his appeal is pending before the High Court.
The former ECK commissioners were led by the chairman Samuel Kivuitu and commissioner Jack Tumwa.
Tumwa had declared interest at the position of Governor, Bungoma County.
Amollo said they recommended the former commissioners to be barred following the manner they handled the 2007 elections.
