The Attorney General Prof Githu Muigai has told the Supreme Court that he supports close scrutiny of the integrity of candidates seeking both elective and appointive offices. In submissions made at the Supreme Court of Kenya today, the AG noted that it is the mandate of the Supreme Court to avert a constitutional disengagement ahead of the August 8th General Elections.
‘’This is an opportune moment for the Supreme Court to guide in the enforcement of leadership and integrity and the Supreme Court has the jurisdiction to render the Advisory Opinion,’’ according to the Attorney General’s submissions.
Through their lawyers MMC Africa Law, the Kenya National Commission on Human Rights (KNCHR), moved to the Supreme Court arguing taxpayers have expressed concerns that they may elect into public office persons with questionable integrity.
“KNCHR would like the Supreme Court to make a specific finding as to whether Chapter Six of the Constitution sets up a fit and proper test for leadership for both elective and appointive offices,” the petition filed by MMC Africa Law indicates.
The reference went on to say that some of the persons who are offering themselves for election have been found by legally and constitutionally established institutions to have been involved in gross misconduct.
‘’A person facing criminal charges who has been acquitted on a technicality cannot claim vindication,’’ the AG went on to say in support of the reference filed by MMC Africa Law.
The court directed all parties who had not filed their submissions to do so within 14 days. Thereafter the Deputy Chief Justice will constitute the bench to hear and the matter will be fixed for hearing and parties advised accordingly. Parties who had not filed their submissions asked for more time to do so.