The National Assembly could bar politicians convicted of corruption and other integrity breaches from the 2027 General Election if it approves new amendments from the Ethics and Anti-Corruption Commission (EACC).
The commission is pushing for legal and constitutional changes to stop individuals with corruption convictions from running for office. As Kenya prepares for the 2027 polls, the EACC has submitted these proposals to the National Assembly to remove legal hurdles that currently weaken integrity requirements for candidates.
The EACC stated that these changes aim to build a more honest electoral process.
One key proposal involves amending the Leadership and Integrity Act. This change would keep anyone convicted of graft or integrity offenses disqualified unless a court successfully overturns their conviction or sentence on appeal. If passed, this amendment would end the current practice that allows politicians to run for office while their appeals are still pending.
The Constitution of Kenya 2010 currently allows individuals to run for office even if they have been convicted of abusing their position or violating integrity laws, provided they are still appealing the decision. In particular, Articles 99(3) and 193(3) say that a person is only disqualified after they have tried every possible way to appeal or review.
However, the EACC now describes this provision as a “backdoor” that undermines ethical leadership. EACC Chief Executive Officer Abdi Mohamud argues that the current legal framework allows convicted individuals to remain eligible for clearance simply by showing that an appeal is pending.
As a result, these individuals can keep their seats or seek new ones while their legal battles drag on through the courts.
Mohamud addressed the Constitutional Implementation Oversight Committee of the National Assembly to discuss Chapter Six (Leadership and Integrity) and Chapter Seven (Representation). He argued that while every citizen is presumed innocent until proven guilty, the situation changes once a court delivers a conviction. At that point, he believes the burden should shift to the convicted individual to prove their innocence through the appeal process.
To make this happen, the commission is seeking to amend Articles 99(3) and 193(3) of the Constitution. The EACC contends that these two provisions currently block the state from enforcing the high ethical and moral standards required for political candidates.
“The two provisions should be amended so that a person remains disqualified until the conviction, sentence, or decision has been successfully appealed against or reviewed. This is because the presumption of innocence remains until one has been found guilty of an offense, whereupon the burden shifts to the accused to demonstrate otherwise through the appellate or review procedure,” Mohamud explained.
He further warned that individuals found to have violated the Constitution often use pending appeals as a legal loophole to bypass integrity checks.
“Further, persons who have been convicted or found to have violated the Constitution will always abuse the constitutional provision by filing an appeal or review, thereby circumventing the integrity requirements,” he added.
Mohamud told the parliamentary committee that the commission had already shared these concerns in several high-profile forums. He noted that the EACC raised the issue during the Building Bridges Initiative (BBI), the National Dialogue Committee (Nadco), and multiple parliamentary sessions.
Despite these efforts, he pointed out that no national initiative has actually addressed the problem. To fix this, the commission has proposed changing Section 13(2) of the Leadership and Integrity Act to clearly define its role in vetting candidates for public office.
Currently, the EACC claims the law is silent on how the Independent Electoral and Boundaries Commission (IEBC) should handle self-declaration forms. It also fails to specify the anti-graft body’s role in overseeing compliance with integrity laws.
To bridge this gap, the commission recommended setting official deadlines for verifying a candidate’s integrity. It also called for a formal system where different agencies can easily share candidate data.
“The IEBC submits details on candidates with a very short window for the verification exercise. The law should provide clear timelines within which the IEBC shall submit the details of candidates and the time within which the EACC and other institutions with relevant information shall submit verification reports. The timelines should also apply to by-elections,” the commission stated in its memorandum.
The commission believes these reforms will improve teamwork and the exchange of information with the IEBC during the candidate registration process.
“It is important for all stakeholders who play various roles in ensuring the integrity of candidates in the general election to collaborate and coordinate their strategies for synergy. This will be vital to electoral preparedness as we move towards the 2027 General Election and to ensure that only those men and women who satisfy the integrity threshold are elected to positions of leadership,” Mohamud said.
The EACC maintains that these amendments are essential for a smooth 2027 general election. According to the commission, the changes will ensure that only candidates who meet strict integrity standards can hold leadership positions.
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