ISAAC MWANZA writes:
ECZ COMMISSIONERS SHOULD BE REMOVED FOR BREACHING THE CONSTITUTION
Whereas the Constitutional Court did not order that Bowman and Malanji should be included on the ballot when it ruled on Thursday that a person whose seat is nullified is eligible to contest in a follow up by election, the decision is binding on the High Court which has jurisdiction to order so.
In a country where the law rules, where courts are independent and efficient in the delivery of justice as we have seen with Kenya, an election dispute like the one we have in Kabushi and Kwacha would be resolved before the election.
Similarly, we have not done justice to our laws. In Kenya, Commissioners of the Electoral Commission can be removed in similar manner and grounds as judges. There is no justification for keeping ECZ Commissioners who breach the Constitution.
If a President can be impeached for breaching the Constitution, public officers who breach the Constitution must face the same consequences. No one must be above the Constitution because the Constitution itself binds everyone. ECZ Commissioners usurped the powers of the Constitutional Court and further breached the Constitutional by deliberately disallowing persons who were eligible to contest from exercising their Constitutional right to contest.
It will be absurd for ECZ to proceed and conduct an election which they know, yet again, will be overturned. ECZ Commissioners must be asked to personally refund the money if they decide to proceed and conduct the election which the Court will overturn. We must treat these Commissioners in the same manner former Ministers who had overstayed in office were treated.