Reprieve for public officers eyeing political seats as court suspends law

Public officers seeking elective seats in this year’s general election have received a temporary reprieve from being required to resign by February 9.

The Employment and Labour Relations Court has ordered the section of the Elections Act providing for civil servants’ mandatory resignation be stayed.

Public officers seeking to contest in the general election must quit at least six months to the polls.

Justice Monica Mbaru gave the order following an application by Julius Wainaina who moved to the court on December 21, seeking the suspension of the Act.

“That pending service and attendance of the respondents herein the operation of section 34(6) of the Elections Act is hereby stayed,” ordered Justice Mbaru.

The matter is set for a hearing on January 24, 15 days to the February 9 deadline for public officers to resign if they intend to contest in this year’s general election.

This is a major win for the public officers-including Cabinet Secretaries-eyeing political seats in the August 9 polls.

However, the law protects state officers including the President, the Deputy President and members of Parliament from resigning.

In 2017, Justice Njagi Marete declared section 43(5) and (6) unconstitutional and directed IEBC not to bar candidates who do not resign six months to polls.

“A declaration is hereby issued that under Article 24(1)(2) of the Constitution, the requirement that a public officer who intends to contest an election resigns six months before the date of the election is unreasonable and unjustifiable in a democratic society,” the judge said.

He then suspended a directive by the Chief of Staff and Head of Public Service dated December 1, 2016, which required public servants seeking elective positions to vacate office on or before February 7.