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 had been filed following a ruling 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.
Labour Relations Court Judge Monica Mbaru, on February 4, suspended the IEBC directive until February 10 when she would rule on whether the Ethics and Anti-Corruption Commission (EACC) and the Public Service Commission (PSC) would be enjoined in the case as interested parties.
The Independent Electoral and Boundaries Commission (IEBC) had directed civil servants to quit on February 9, or risk being disqualified on basis of failing to resign on or before six months to the General Election.
Additionally, the Head of Public Service Joseph Kinyua on January 28, through a circular, had earlier directed members of President Uhuru Kenyatta's cabinet to tender their resignation on or before Tuesday, February 8.
Consequently, top government officials including Devolution CS Charles Keter and his Petroleum counterpart John Munyes tendered their resignation in the morning hours of February 8 on live TV.
"I have tendered my resignation to President Uhuru Kenyatta. I am also complying with a circular that was issued by the Head of Public Service last week dated January 28, 2022, requiring all state and public officers who are not exempted by the provisions of the Elections Act 2011, from resigning from their offices to vacate their offices," Keter stated.
Previously, other members of Uhuru's cabinet and officials working at State House Nairobi and the Office of the President (OP) tendered their resignation as they seek elective office in the August 9 polls.
They include former Transport Chief Administrative Secretary (CAS) Wavinya Ndeti, former Tourism CAS Joseph Boinett, and the former director of political affairs and intergovernmental affairs at the OP Machel Waikenda.
Following the court ruling, several officials in the government are expected to resign as they beat the deadline set by Kinyua.
