The Ethics and Anti-Corruption Commission (EACC) on May 31, 2022, shared a report with the Independent Electoral and Boundaries Commission (IEBC) detailing the various moral, ethical, and  integrity concerns pertaining to aspirants seeking elective positions in the August 9, 2022 General Election. 

Impact of Report

The report details the integrity issues and information that the EACC has deemed relevant for consideration by the IEBC as it exercises its mandate under Article 88(4)(f) of the Constitution for purposes of registering candidates for the 2022 General Election. 

Out of the 21,863 aspirants vying for electoral positions, the EACC flagged outstanding integrity issues with 241 aspirants, representing 1.1% of all aspirants. Alarmingly, over 10% of the aspirants vying for governor and deputy governor positions have failed to comply with the standard for ethics and integrity established under Kenya’s legal framework. 

Acting on the contents of the report, the IEBC can deem aspirants ineligible and disqualify them from vying in the upcoming General Election. 

The allegations and outstanding legal proceedings jeopardising the integrity of the aspirants include:

• Abuse of office;
• Commission of economic crimes including the embezzlement of public funds and unlawful acquisition of public property; 
• Failure to follow procurement laws and procedures; 
• Failure to remit taxes;
• Falsifying academic qualifications in order to be eligible for electoral positions; and 
• Civil servants and public officers not resigning from their roles before the statutory deadline of  February 9, 2022. 

Key figures with pending cases

Presidential Aspirants:

1. Mwangi Wa Iria –  vying under the Usawa Kwa Wote Party – has been held culpable of obstructing EACC investigators and destruction of evidence, as well as recovery. Furthermore, the EACC is attempting to recover Kshs. 542 million deemed to be proceeds from corruption.  

2. Justus Zachous Onyango Juma – vying as the Presidential candidate for Justice and Freedom party – used the ID details of Hannah Wairimu Kiguru to register as an aspirant with the IEBC. 

Governor and Deputy Governor 

1. Daniel Waithaka Mwangi: The incumbent Governor for Nyandarua County vying under the Democratic Party of Kenya has been deemed culpable for facilitating irregular procurement amounting to Kshs. 50 million. 

2. Anne Mumbi Waiguru: the incumbent Governor for Kirinyaga County vying under the UDA party has been accused of irregular travel imprest issues of over Kshs 10 million and conspired to irregularly pay a private company over Kshs 50 million. 

3. Mike Mbuvi Sonko vying as Wiper Democratic Movement candidate for Governor of Mombasa County was successfully impeached in December 2020  from his previous role as Governor of Nairobi City for gross misconduct and abuse of office. Despite several appeals, the HIgh Court and Court of Appeal have upheld the impeachment orders.

4. Evans Kidero vying as an Independent candidate for Governor of Homa Bay County has been accused of impropriety, corruption and economic crime while serving as the Governor of Nairobi City County. The allegations include irregular payments amounting to Kshs 96 million to his family and to companies associated with the aspirant.

It remains to be determined if the IEBC will act on the report’s recommendations and bar the named aspirants from appearing on the ballot papers for the August 2022 General Election.