NAIROBI, Kenya, Jan 5 – The High Court has halted a notice by Independent Electoral and Boundaries Commission (IEBC) requiring public servant with intent to seek elective office in the August 9 General Election to quit by February 9 pending the determination of a suit challenging the directive.
In the application certified as urgent, Justice Monica Mbaru issued interim orders shielding public officers from the requirement pending a hearing on January 24.
“THAT in the interim and to allow for service upon the respondents; the 2nd respondent (IEBC) its agents, servants and employees are hereby restrained from barring any public officer from vying for nay elective seat in the General elections on 9th August 2022 unless they resign from office,” the court directed.
IEBC’s notice is anchored on Section 43 of the Elections Act. Sub-section 6 however shields the President, the Deputy President, governors, and their deputies as well as MPs and MCAs.
Justice Monica directed IEBC and the Attorney General who were listed as respondents file their submission within 14 days upon being served.
In June 2021, IEBC asked civil servants seeking posts to resign by February 9th, 2022.
This is despite a March 2017 ruling by the Employment and Labor Relations Court which declared the requirement under Section 43 (3) of the Elections Act for civil servants to quit office six months to elections unlawful.
IEBC insisted that the High Court did not nullify the provisions as they gave the ruling specific to individuals, who had petitioned the court.
A section of Cabinet Secretaries led by Peter Munya (Agriculture), Sicily Kariuki (Water), Simon Chelugui (Labour), Charles Keter (Devolution), Ukur Yatani (Treasury), and Defence CS Eugene Wamalwa have shown intentions to seek elective office but have remained silent on whether they will quit by February 9.
