“The commission considers a person is disqualified from holding public office if the person has been dismissed or otherwise removed from office for contravention of Chapter 6 of the Constitution or its enabling legislation, in accordance with Article 75 (3) of the Constitution,” the statement signed by EACC CEO Twalib Mbarak stated.
The anti-graft watchdog further noted a person is disqualified if they are found to have misused or abused a state office or public office.
“For the avoidance of doubt, the finding contemplated in these clauses includes the finding of a court of law and any other competent agency mandated to interpret or apply the Constitution,” the agency added.
The Nairobi gubernatorial seat fell vacant in December after Sonko was impeached by the county assembly and the decision upheld by the Senate over corruption charges.
Interestingly, Waititu was also impeached in a similar fashion earlier this year and it will be interesting to see how he handled the IEBC hurdle.
He, however, remains optimistic.
“I have been cleared by the Registrar of Political Parties to vie as an independent candidate as the next Governor of Nairobi. There is no election law that can (sic) bar me from contesting for the seat because I am only a suspect of an economic crime because no court has ever convicted me,” he told the Nation.
Kenya: Waititu Joins Nairobi Gubernatorial Race allafrica.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from allafrica.com Daily Mail and Mail on Sunday newspapers.