The petition challenging impeached public officers from running for office has been presented before Eldoret High Court Justice Reuben Nyakundi.
The petition was presented by Sylvester Kipkemboi under the Certificate of Urgency and was represented by advocate Stephen Ombeko on Monday. The petition challenged the impeached public officers from vying for any public seat, especially those who had been impeached by Article 180, Article 99 and Article 193 of the constitution.
The impeachment decisions were held by different high courts in Kenya. Advocate Stephen explained that the petitioner’s view stated that a person who has been impeached for violation of constitution and office is not eligible to run for office, especially when the entire judicial administrative process has been exhausted.
He stated that the impeached officers cannot protect and uphold something that they have been accused of violating.
“There were several petitions filed in other counties. This included petition E17 in Mombasa and petition 90 and 217 both filed at Milimani High court in Nairobi by Activist Wakio Omutata and another Kenyan of good will,” said Ombeko
The advocate stated that their petition was different from other petitions in that they were focusing on impeached public officers as opposed to others which were going after officers who had abused office. In their view, impeached officers do not have the power under the constitution to vie for similar positions, regardless of the change of location.
Advocate Stephen Ombeko also claimed that they were aware that a notice to withdraw the Mombasa petition had been filed and the respondents are yet to disclose it to the court.
“The matter has been transferred to the Chief Justice, Justice Martha Koome for further directions and thereafter a ruling shall be made on the same,” Ombeko noted.
He appealed to the Chief Justice to direct the continuity of the case and determination to come from High Court Eldoret as the petition was first filed there.
