•EACC wants to be given powers to access self-declaration forms.
•The law is silent on what the electoral agency should do to the forms.
The Ethics and Anti-Corruption Commission is seeking to have a greater say in vetting candidates contesting for political positions.
In proposed amendments to Election laws, the anti-corruption agency wants to be given powers to access to the candidate's self-declaration forms which at the moment is a preserve of IEBC.
"EACC proposes that the section should be amended to require any person seeking elective office to seek integrity verification and clearance from us," EACC says.
The commission proposes that the self-declaration form submitted to IEBC should be submitted to EACC.
Currently, candidates contesting for various elective positions are only required to fill the forms which are deposited with the IEBC.
In a presentation to the Senate's Justice and Legal Affairs committee, EACC is arguing that under the Election Regulations of 2012, it only provides that a candidate should obtain and submit the self-declaration forms.
LAW IS SILENT
However, both Leadership and Integrity Act and Regulation 46, are silent on what the electoral agency should do to the form to ensure compliance with the requirements of Chapter Six of the Constitution.
EACC's powers to vet candidates were clipped in the Leadership and Integrity Act that left IEBC as the only body mandated to bar the candidates from contesting if they have questionable character.
During the 2017 election, IEBC came under fire not only by EACC but other stakeholders who accused the electoral agency of clearing at least 106 candidates to contest for various positions despite having integrity issues.
EACC says that the Constitution envisages that those offering themselves for election should be persons of high integrity, competence, and suitability noting that this can only be achieved if the candidates are thoroughly vetted.
Section 22 of the Election Act provides the requirements for the nomination of a candidate for election but only provides the eligibility based on the Constitutional requirements and academic qualifications.
"There is no linkage to the need for the candidate to satisfy Chapter Six of the Constitution on ethics and integrity," EACC says.