FOR IMMEDIATE PRESS RELEASE
Sunday, 12th June 2022, Nairobi
With 58 days left until the August polls and with official campaigns having started in earnest, political activities across the country have gathered serious momentum as candidates hit the road to campaign and sell their manifestos. We, the members of the CSO organisations under the banner of the Uchaguzi Platform, have been reflecting on the state of electoral preparedness and therefore wish to address the following emerging issues.
- CLEARANCE OF CANDIDATES BY THE INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION (IEBC)
On May 23, ina. meeting with the representatives of presidential candidates to discuss what they needed to submit for the commission to clear them for the upcoming August election, the chair intimated that anyone who had been impeached could not be cleared to seek elective office, The commission, while maintaining that position, has failed to consider and bar candidates who do not meet the integrity standards as espoused under Chapter 6 fo the constitution as released by the Ethics and Anti Corruption Commission (EACC). The EACC discharged its mandate as the custodian of chapter 6 and as such, it was expected that the courts will provide direction on the implementation of Chapter 6.
In this year’s election, Kenya is set for the lowest number of presidential candidates since the advent of multiparty democracy in 1992 after IEBC rejected more than 50 applicants from the race. Out of the 18 aspirants from the 54 who had expressed interest only four were cleared. A number of those not cleared have expressed dissatisfaction and some have indeed sought the court’s intervention and we urge for speedy conclusion of the disputes
2. ELECTIONS CAMPAIGNS
Noting that the campaigns is in a critical phase of the electoral process which accords those vying for various elective positions the opportunity to interact with voters and sell their manifestos, we wish to state the following:
- Public Servants in Campaigns – Article 38 of the Constitution of Kenya 2010 provides that every citizen is free to make political choices, which include the right: (a) to form, or participate in forming a political party; (b) to participate in the activities of, or recruit members for a political party, or (c) to campaign for a political party or cause. While these rights are applicable to all Kenyans including public servants, the increasing participation of public servants including cabinet secretaries is a threat to the values of public service and the fundamental professional practices of public service. Public servants engaging in political activities are increasingly yielding to the political views that represent the opinions of a certain section of the political class at the expense of others who do not subscribe to the ideals. This will certainly hamper effective and objective public service and delivery. Public service and interests, therefore, require public servants to consider the interests of all members of the community and serve with utmost fairness and fidelity.
- Misuse of State/Public Resources – We are concerned with increased cases of public officers using public resources in furthering their political campaigns. Fair elections include the need for a level playing ground for all political contestants. Suing public resources to advance one’s political aspirations is a clear violation of this provision. The public officers’ Ethics Act prescribes a code of conduct that regulates public officers in their conduct while in public office. Section 15 (1) states that a public officer shall take all responsible steps to ensure that property that is entrusted to him/ her care is adequately protected and not misused or misappropriated. This applies to the diversion of public resources to further the political campaign of an individual. Under section 16(1), a public officer while going about his duties as a public officer is prohibited from acting as an agent for a political party, from advancing the interests of a political, or from indicating support for or opposition to any political party or candidate in an election. We call upon public servants to refrain from this behaviour and implore relevant government bodies to hold these public servants to account and deter these actions of impunity.
- Zoning of the country – We wish to condemn the continued zoning of the country by candidates and political parties. We wish to remind the political class that every citizen including candidates has the freedom of movement to and from any part of the country. Zoning the country is a threat to our national cohesion and an affront to our values. We also call upon relevant agencies to take necessary legal steps and address this concern.
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