In a declaration from the party's general secretary, Veronica Maina, the party will pursue advice on the matter from the independent Electoral and Boundary Commission.
The party yearns to revoke the notice down here until we urgently seek clarification from the IEBC, Maina said.
In an earlier policy, the UDA had asked MCAs running for positions in the National Assembly and Senate to resign by February 9.
Pursuant to Article 99(2)d of the Constitution and the judgment of Civil Appeal No. 431 of 2019 (Hon. Clement Waibara v. Hon. Wanjiku Kibe and others), we advise aspirants who intend to become members of the County Assembly (MCAs) until Wednesday, February 9, 2022 to allow them to run for the above positions, the February 8 statement said.
This comes amid a dispute between the provisions of Article 99 of the Constitution of Kenya and Article 43 of the 2011 Elections Act.
Clause 2(d) of Article 99 of the Kenyan Constitution states that a person shall be disqualified from election as MP if, inter alia, the person is a member of a district assembly.
However, Article 43, Section 6(g) of the Elections Act exempts the President, Vice President, Governors, Deputy Governors, Representatives and MCAs from resigning to seek other elective offices.
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