Lawyers seek clarification over resignation of public servants

Lawyers have taken a swipe at the courts for delayed clarification over the resignation of civil servants and state officers who want to vie for elective posts in the August 9 general election.

Led by high court advocate Peter Wanyama, they want the court of appeal to intervene speedily in providing a way forward over the matter which has elicited mixed reactions from both the electorate and aspirants.

“There are many conflicting High Court judgments on the resignation of MCAs who are seeking to run for MP position in view of the provisions of Article 99 of the Constitution. Courts are issuing patently conflicting decisions.  I am particularly perturbed that the Court of Appeal is taking too long to clarify the issues yet there are cases pending before it. I“stated Wanyama.

Cabinet Secretaries and other top public servants seeking elective offices in the August 9 General Election have only one working day to quit their plum jobs following a directive by the Head of Public Service Joseph Kinyua.

In a letter dated January 28, Kinyua asked the CSs, Chief Administrative Secretaries, Principal Secretaries and other senior government officials interested in running for elective office to vacate by Tuesday next week.

However, Wanyama’s concerns come in the wake of the controversy surrounding designated officers like the President, Deputy President, Senator, MP, and MCAs who are exempted from this section allowing them to continue serving until the next occupants are sworn in or the Houses are dissolved a few months before the elections.

“As advocates, we get so upset. We don’t know what to advise our clients given the apparent conflict at the High Court level.  Broadly, we need to have another conversation about the backlog in the Court of Appeal,” he further added.

Last month, Justice Anthony Mrima last week dismissed an application by Eric Omari Wanyamah to declare Section 43 (5) of the Act unconstitutional on grounds that it discriminated against civil servants.

“Six months before the election date is sufficient time for them to prepare themselves to meet their fate at the election box. A longer period would be unreasonable and a shorter period would be more unreasonable.”

The judge also noted that the issues raised in the petition were similar to those in a case determined 10 years ago by Justice Isaac Lenaola, now a judge of the Supreme Court.

Justice Lenaola found the provision constitutional.