Advisory to IEBC regarding impeached officers

As 254Hope, we submitted a memorandum to address our concerns regarding the decision of the Independent Electoral & Boundaries Commission (IEBC) to bar impeached officials from participating in the 2022 general elections. Our organisation was dedicated to promoting good governance and believed that this decision warranted closer examination.

We were troubled by the lack of public participation in the decision-making process leading to this directive. According to Article 10 of the Constitution, public involvement was crucial in such matters, yet it appeared to have been overlooked in this instance.

Our memorandum delved into the constitutional principles governing the exercise of power. We highlighted the distinction between sovereign power, vested in the people, and delegated power, exercised by government entities. We argued that limitations on the people’s sovereignty should be narrowly construed and implemented.

Furthermore, we contended that specific provisions in Articles 99 and 193 of the Constitution, which addressed the disqualification of elected officials, should take precedence over the general provision in Article 75(3). This meant that disqualification should only occur after exhausting all possibilities of appeal or review of a finding of a violation of Chapter Six of the Constitution.

We also advised that a finding capable of derogating a person’s right to view and disenfranchise innocent voters from electing a person of their choice ought to be a judicial finding and not a finding made by a political impeachment process.

Ultimately, our goal was to ensure the protection of the people’s sovereignty, democratic values, and constitutionalism, which were fundamental objectives of the IEBC. We cautioned against any measures that might impede the people’s exercise of sovereignty, particularly through indirect means like impeachment.

In summary, we urged the IEBC to reconsider its decision in light of our concerns and to uphold the principles of inclusivity and constitutional integrity in its decision-making processes.