Lawyers want election losers to refund Treasury for illegal salaries
Former Committee of Experts member Ekuru Aukot. FILE PHOTO |
Politicians who have been kicked out of their elective posts may be forced to refund the government for the salaries earned illegally.
A team of lawyers led by former chairman of the defunct Committee of Experts Ekuru Aukot are piling pressure on the Treasury to issue demand letters to politicians who have lost their positions after courts found them guilty of rigging elections.
Dr Aukot also served as the chairman of the Independent Electoral and Boundaries Commission (IEBC) selection panel.
“Leaders found guilty of ascending to office by flouting electoral laws should refund salaries earned when in office illegally,” Dr Aukot said in a brief sent to media houses.
He was presenting a legal paper titled Electoral Process & Practices: “How Prepared Are We for the March 4, 2013” at Continuing Legal Education (CLE) seminar held Kisumu by the Law Society of Kenya (LSK).
From the 2007 General Elections alone, only three out of 11 MPs - Chirau Mwakwere (Matuga), Margaret Wanjiru (Starehe) and Boni Khalwale (Ikolomani) - who faced petitions were able to weather the storm and recapture their seats by 2010.
If lawyers were to have their way, the Treasury could recover millions of shillings from former parliamentarians who lost in election petitions like Walter Nyambati (Kitutu Masaba), Joel Onyancha (Bomachoge) and Omingo Magara (South Mugirango).
Others who dropped after earning millions of shillings in salaries are Simon Mbugua (Kamukunji), Dick Wathika (Makadara), George Thuo (Juja), Ngata Kariuki (Kirinyanga Central) and Abdirahman Hassan (Wajir South)
An MP earns close to Sh850,000 every month.
The lawyers believe forcing politicians to reimburse State for money earned illegally would contain rigging in future, starting with the March 4 General Election.
“Leaders found guilty of being illegally should not walk away with hefty salaries and allowances earned illegally,” Dr Aukot said.
East Africa Law Society President James Mwamu said that aspirants who get to elective positions through the back door must be made to face stiffer legal consequences.
“Rigging elections is a serious offence that elected leaders found guilty and lose seats should compensate tax payers,” Mr Mwamu said.
Speaking at the same forum, Kabarak University Law lecturer Elisha Ongoya said implementation of the Electoral Code of Conduct would smoke out aspirants bent on rigging elections.
“The problem ahead of General Elections next month is the 10th Parliament watered down several electoral laws that would have weeded out would-be offenders. The question is whether IEBC would oversee a General Election where the strict provisions of the Code would come into force,” Mr Ongoya said.
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Note: The results are not exact but very close to the actual.
