That has merit.
I can now see where she comes from...but I believe she should wait patiently until the case reaches her...unless she intend to recluse herself.
UhuRuto were suspect.
Sonko has been impeached.
Sirisia Waluke has been convincted but is out on bail.
So I can see the difference btw being tried, and being found guilty - but on appeal
I believe MPS (PSA members led by Ruto, Uhuru, Raila, Martha - Naivasha crew) - who were resolving issues that COE did not - deliberately disallowed chapter six on MPs, Governors and PORK.
We cannot cure that by legal gymnastics. We have to ammend the constitution.
But in the meantime nobody is applying chapter six on appointed official
So we have a long way to go - we have people not elected behaving with impunity.
If we were to allow anybody tried for any offence to be out of office - gov will enact dictatorship - by trying their opponents.
So that is a no - for suspect being tried - let us argue about Sonko and Waluke status now - for they have been found to be guilty.
You cannot restrict people from exercising power directly without sufficient reason.
Impeachment and criminal convictions are very sufficient reasons in every sane universe.
After they have completely exhausted their appeals process...Sonko is in supreme court.That the constitution.Many believe Sonko was impeached with fake voting from COVID protocols.
I don't believe that interpretation of the constitution is proper: it was adopted in Kenya because of ICC 2013 manenos. It would've never become law otherwise.
What Koome says is a rational interpretation of the Constitution. Once you're convicted by Senate or a Court, you cannot serve office unless that decision is overturned. Indeed, as Termie says, that is already a very low bar. To say that a CONVICT (not even an accused waiting to be investigated but someone already found guilty in some fashion after a formal due process) should continue till you exhaust appeals is not found anywhere in the constitution and in fact makes a complete mockery of Chapter Six. It's not a fundamental right to serve any public office, so you go and clear your name first. You don't stink the public office while we wait for you to exhaust appeals as if you're on death row or something. 50 million other citizens can serve.
It was only Mutunga's cowardice that allowed all this. I don't believe this current post-Maraga ourt would've let that be law because the effect is to repeal Chapter Six.