BY SAM ALFAN.
Activist Okiyah Omtatah has moved to court to block politicians with integrity issues from vying for elective positions in the forthcoming general election.
Omtatah wants in a petition filed at the High Court an order compelling the Independent Electoral and Boundaries Commission (IEBC) to vet and ensure that all persons it clears to vie in the August 9, 2022 general elections, satisfy moral and ethical requirements prescribed by the Constitution and the law.
He says the IEBC is empowered by constitution, the Leadership and Integrity Act, Elections Act and th IEBC Act to bar any person who does not satisfy any moral and ethical requirements from seeking elective positions including the President, Deputy President, Governor, Deputy Governor, Member of Parliament (both Senate and National Assembly), and Member of County Assembly.
“The court should determine whether the IEBC should be compelled to vet and ensure that all persons it clears to vie at the 9th August 2022 general elections and in subsequent elections to the offices of President, Deputy President, Governor, Deputy Governor, Member of Parliament (both Senate and National Assembly), and Member of County Assembly are persons who satisfy any moral and ethical requirements prescribed by the Constitution or by an Act of Parliament,” the petition reads.
He further seeks the court to declare that the rider in Articles 99(3) and 193(3) of the Constitution that a person is not disqualified unless all possibility of appeal or review of the relevant sentence or decision has been exhausted.
The activist says this does not apply to the eligibility criteria established in Articles 99(1) and 193(1) of the Constitution and Section 13 of the Leadership and Integrity Act, 2012.
The activist further wants the court to determine whether, despite their sequencing, Articles 99 and 193 of the Constitution each set two distinct but compulsory tests one for eligibility and another for qualifications to vie for political office.
He adds that depending on the position being vied for, a person has to first pass the qualifications test in Article 99(2) as read together with (3), or 193(2) as read together with (3), then the person has to also pass the eligibility test in Article 99(1) or 193(1), as the case may be, for them to be cleared to vie for political office.
The court, he says should determine whether the rider should allow such persons to vie despite express provisions of the constitution and the various Acts.
