Former Governors Mike Mbuvi Sonko and Baba Yao Waititu can’t vie for any Public office.
The country went into a frenzy when Former Kiambu Governor got clearance from the Registrar of Political Parties for his symbol in readiness for the Nairobi by-election.
In a letter signed by John Macharia, on behalf of the Registrar of Political Parties Anne Nderitu, said that Mr Waititu’s symbol of choice -a high mast/floodlight- was not similar to a symbol of any fully registered political party.
“The above subject matter refers and your letter for clearance as an independent candidate dated 28th December, 2020 as a Governor of Nairobi City County,” a letter from the Registrar’s Office read in part.
“According to the records held by this office, Ferdinard Ndung’u Waititu, ID No. (redacted) is not a registered member of a fully registered political party as at 28th December, 2020.”
A separate letter said: “Reference is made to the above subject matter and our clearance letter dated 28th December, 2020. Your application was considered and the High Mast /Flood light symbol is recommended as it is not similar to the symbol of a fully registered political party. Kindly forward the symbol to the IEBC pursuant to section 32 and 33 of the Election Act, 2011.”
However opinion leaders and lawyers are saying if a County Governor/ Deputy County Governor or the President/ Deputy President of the Republic is impeached or otherwise removed from office on any ground related to abuse of office or other breaches of chapter 6 of the Constitution of Kenya, a person so removed is barred from contesting for or holding any State/public office for life.
The only exception is if the impeachment is overturned by a Court of law after judicial review of the impeachment is sought within a reasonable period of time, say within 14 days or thereafter with leave of the Court. The law treats impeachment as a complete and final judicial process and the Senate in the respective cases of the officers is the trial court acting as a tribunal whose decision is final and can only be overturned by a “higher” court.
Impeachment denotes a trial and is applied to members of the executive arm of Government while “removal” is the term reserved for the ejection from office of members of the legislative or judicial arms of government or of civil servants. Be advised accordingly.
