The Commission on Administrative Justice, The Ethics and Anti-Corruption Commission and the Director of Public Prosecutions announced on Monday that they had formed a joint committee to compile information about all candidates seeking positions in the March 2013 elections.
The team’s chairman Otiende Amollo said the body will review the suitability of the candidates in accordance with the Leadership and Integrity Chapter of the Constitution before forwarding the list to the Independent Electoral and Boundaries Commission which will determine their eligibility to run.
“The IEBC constitutionally is the body that must now finally determine on eligibility and so if it agrees with the list as presented (by us) then of course it will declare those persons ineligible. If they do not agree then it means they will allow them to continue (their quest for office),” he said.
The joint committee, Amollo added, will also seek the input of the Law Society of Kenya (LSK).
“Once we are done with that list, then that team will also in a very limited manner welcome the interventions that have been undertaken by the Law Society of Kenya because they undertook an exercise,” he said.
He however pointed out that individuals who feel they have been treated unfairly have the option of going to court to seek redress.
“If the IEBC determines that they are ineligible, then of course there is always a small window of opportunity to challenge a decision of anybody in court by way of what we call judicial review so then the court becomes the final arbiter,” he said.
“If the court says we were wrong and IEBC was wrong, then the persons will be eligible. If the court says we were right and IEBC was right, then they
(aspirants) become ineligible,” he stated.