The Supreme Court of Kenya building in Nairobi. The court has been urged to issue clarity pertaining the interpretation of Chapter Six of the Constitution. [Photo: capitalfm.co.ke]
A person facing criminal charges who has been acquitted on a technicality cannot claim vindication by the courts.
Speaking on Wednesday during the listening of the application seeking an advisory opinion from the Supreme Court on whether aspirants who have been convicted or sentenced in the past can still be allowed to contest for political seats, Senior Principal Litigation Counsel Emmanuel Bitta told the Supreme Court that the issue was important and that it had a role to give clarity on the law.
Bitta, however, urged the court to just give general guidance and not specific, because specific guidance will depend on individual cases and facts surrounding such cases.
He, however, said that the agencies tasked with enforcing integrity, such as IEBC and EACC, must independently and objectively review all the relevant facts, evidence and the applicable law defining the integrity issue, in deciding whether a person is compliant with the leadership and integrity as a national value.
The application, which the Attorney General has also backed, was filed by Kenya National Commission on Human Rights (KNCHR) urging the superior court to issue clarity on the matter in light of the fact that both the High Court and Court of Appeal, have taken conflicting positions on the matter while interpreting Chapter Six of the Constitution.