Nairobi — The Independent Electoral and Boundaries Commission (IEBC) has declined the move by the Ethics and Anti-Corruption Commission (EACC) to lock out candidates with pending suits from contesting for different elective seats in the August 9 polls.

IEBC Chairperson Wafula Chebukati said Saturday that the electoral agency upholds the presumption of innocence until proven guilty in their clearance of candidates.

Chebukati was responding to the recent report from the EACC which backlisted 241 candidates seeking to run for office over integrity issues.

He pointed out that the Commission received a report on 11 cases under investigation from the anti-graft agency which comprised one presidential aspirant and 10 gubernatorial aspirants.

"The Commission is required by Article 249 of the Constitution to promote constitutionalism. In the circumstances to disqualify a person(s) under investigation is to affront the constitution. So, a person(s) mentioned in the report as undergoing investigations is not disqualified by law and may contest in the elections as candidates," Chebukati said.

The anti-corruption watchdog listed Mike Sonko, Evans Kidero, Ann Waiguru, Martin Wambora, and Muthomi Njuki among those it considered to have failed the integrity test.

In regard to the cases under prosecution, Chebukati said that the Commission received a report on 55 aspirants, who are undergoing active prosecution in court including one presidential, 12 gubernatorial, five senatorial, one County Woman Member of the National Assembly, 12 Members of National Assembly, and 24 Members of County Assembly.

"Again in keeping with the constitutional principle of innocence until the contrary is proved, the Commission advises that persons facing active prosecutions in court are not disqualified by law and may contest in elections as candidates," he said.

However, he said that any convicted persons in the report who have not pursued an appeal or unsuccessfully exhausted their appeals stand disqualified as candidates.