The Ethics and Anti-Corruption Commission (EACC), activists and the Director of Public Prosecutions have had their appeal to bar 241 Kenyans aspiring for elective positions in the upcoming general elections, rejected by the High Court.
The anti-graft watchdogs and activists had filed their request to the court alleging that the aspirants were still undergoing the integrity probes, and thus, should not be allowed to contest for any political positions in the country.
The court declined the order, stating that the petitions failed to employ other available alternatives to resolve the dispute before coming before the court. They also pointed out that the petition lacked concrete facts against the accused.
“We hold the view that the petitions are general in nature, raise issues without reference to concrete facts, do not allege any wrongdoing against a specific person and do not have specific respondents against whom such relief may be granted.
“The petitions only beseech the court to pronounce itself on abstract and clearly academic questions. We reject this entreaty,” the court stated.
The court further pointed out that legitimate forum to bring up the objection against the clearance of the involved aspirants was the Independent Electoral and Boundaries Commission (IEBC), adding that only the IEBC had the authority to allow or hold back a candidate from contesting, and to resolve pre-election disagreements.
Further, the court said their decision will only be triggered by IEBC’s stance on the issues relating to persons vying for elective offices in the country.
“The argument is based on the fact that the individuals whose conduct is impugned have put their names forward for nomination by the IEBC, which has a mechanism through its DRC (Dispute Resolution Committee) for resolving any disputes arising from nominations,” the court said.
The reminded the petitioners of an earlier order from the Supreme Court in 2018, directing that all pre-election disputes, including the ones bordering on nominations, be forwarded to the IEBC or the Political Parties Disputes Tribunal for further actions.
