Court Ends Confusion on Resignation of Govt Officials Joining Politics

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 comprising Justices Daniel Musinga, Wanjiru Karanja, and Agnes Murgor directed 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. 

The appeal arose from a ruling issued 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.

More to follow… 

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