The court of Appeal has directed all public servants seeking elective office to resign before the deadline set by the Independent Electoral and Boundaries Commission (IEBC).
In their ruling, the three-judge bench made of Justices Daniel Musinga, Wanjiru Karanja, and Agnes Murgor directed the government officials to vacate office by Wednesday, February 9.
“Our view, therefore, is that the provisions of sections 43(5) and (6) are justifiable and reasonable and are not in contravention of any provisions of the Constitution,” the panel said while upholding the provision which has elicited mixed reactions from government officials aspiring for elective seats.
The appeal arose from a decision rendered by the Employment and Labour Relations Court in March 2017 when Justice Njagi Marete declared Section 43(5) of the Elections Act “unconstitutional and without any legal basis or force ab initio," the court directed.
Labour Relations Court Judge Monica Mbaru, on February, had suspended the IEBC directive until February 10 when she would rule on whether the Ethics and Anti-Corruption Commission (EACC) and the Public Service Commission (PSC) would be enjoined in the case as interested parties.
The Independent Electoral and Boundaries Commission (IEBC) had directed civil servants to quit on February 9, or risk being disqualified on basis of failing to resign on or before six months to the General Election.
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