EACC to clear candidates ahead of August polls under proposed rules

Politicians seeking to contest in the August General Election face a stringent clearance process by the anti-graft agency following the publication of fresh vetting regulations.New regulations tabled in Parliament Tuesday evening give the Ethics and Anti-Corruption Commission (EACC) unfettered powers and a free hand to lock out candidates who are facing integrity questions with the commission.


The law is a departure from past practice where candidates were required to fill a self-declaration form for presentation to and clearance by the Independent Electoral and Boundaries Commission (IEBC).


Now, the clearance will be sought from the EACC in what will put the political class in the same position as top officials in the executive who need clearance from the anti-graft agency before appointment.


“A candidate shall obtain and submit a clearance form from the Ethic and Anti-Corruption Commission as prescribed under the Leadership and Integrity Act, 2012,” the Elections (General Amendment) Regulations 2017 states.


This means that the fate of several governors, MPs, senators and MCAs whose cases are still pending before the anti-graft watchdog rests in the hands of the retired Archbishop Eliud Wabukala-led commission.

Unprocedural rules

The new rules, published by the IEBC, also give the electoral agency power to bar candidates nominated through unprocedural rules.

“A political party whose nomination rules have been declared void by the commission under section 27(2)(b) of the Elections Act shall be disqualified from participating in the elections,’’ state the rules.

The said section of the Act requires a political party to submit its nomination rules to the commission at least three months before the nomination of its candidates.

“A political party which has submitted its nomination rules to the commission pursuant to subsection (1) may amend the rules and submit them as amended to the commission at least seven days before nomination of candidates for elections.’’


This means that candidates who run under political parties which conduct shambolic primaries risk being locked out of the August 7 polls.


The proposed IEBC rules will come into effect in 14 days should Parliament not consider, approve or annul part or the entire regulations.

Not bonafide nominees

The IEBC will also have the right to reject a nomination certificate issued by a political party to a candidate and in which any alteration appears, unless the persons executing the nomination attest with their signature to such alterations.