IEBC clarifies on MCAs resignation deadline

The Independent Electoral Boundaries Commission(IEBC) has clarified that MCAs seeking higher elective seats should not resign by February 9.

However, the MCAs who wish to contest as Member of Parliament should resign before submitting their nomination papers to the Returning officers.

“MCAs who wish to contest as Members of Parliament should not resign by 9^th February 2022 but should resign before submitting their nomination papers to the Returning Officers to contest as a Member of Parliament,” IEBC stated

This comes after Speaker of the National Assembly Justin Muturi warned that MCAs aspiring to seek higher elective seats might miss the position if they do not resign six months before August 9 while quoting the constitution “under article 99, clause 2, paragraph D of the Constitution, a sitting member of the County Assembly must resign six months to the election date.”

Muturi had referenced an ongoing case filed against Gatundu North MP Wanjiku Kibe by her rival Kungu Kaibiru who was seeking to have her term terminated by the court on grounds that she failed to resign before the 2017 general election.

Waibara won round one and round two of the case in the High Court and in the Court of Appeal respectively, but Kibe moved to the Supreme Court where the case is awaiting final determination.

IEBC is set to give further advice on MCAs resignation deadline once the Court of Appeal delivers the judgment on the case on 18^th March, 2022.