The Independent Electoral and Boundaries Commission (IEBC) has differed with the the Ethics and Anti-Corruption Commission (EACC) on the proposal to lock out candidates with pending suits from contesting for different elective seats in the August 9 polls.
IEBC Chairperson Wafula Chebukati said that the electoral agency upholds the presumption of innocence until proven guilty in their clearance of candidates.
EACC had presented to IEBC a backlist of 241 candidates seeking to run for office over integrity issues.
“The Commission is required by Article 249 of the Constitution to promote constitutionalism. In the circumstances to disqualify a person(s) under investigation is to affront the constitution. So, a person(s) mentioned in the report as undergoing investigations is not disqualified by law and may contest in the elections as candidates,” Chebukati said.
Chebukati said that the Commission received a report on 55 aspirants, who are undergoing active prosecution in court including one presidential, 12 gubernatorial, five senatorial, one County Woman Member of the National Assembly, 12 Members of National Assembly, and 24 Members of County Assembly.
“Again in keeping with the constitutional principle of innocence until the contrary is proved, the Commission advises that persons facing active prosecutions in court are not disqualified by law and may contest in elections as candidates,” he said.