The Independent Electoral and Boundaries Commission can now not disqualify civil servants seeking public office on grounds that they did not resign six months prior to the August polls.
This is after the High Court suspended a directive by the electoral commission that required public servants to resign by February 9.
In a ruling delivered by Lady Justice Monica Mbaru of the Employment and Labour Relations Court, IEBC was stopped from disqualifying public servants eyeing political seats if they would not have resigned by then.
“That in the interim and to allow service on the IEBC and Attorney General, IEBC its agents, servants and employees are hereby restrained from barring any public officer from vying for any elective seat in the General-Election scheduled for August 9, 2022, unless they resign from office on or before the February 8, 2022, or as otherwise directed by this court,” Justice Mbaru ordered.
The orders came following an application by an Embu County official Julius Wainaina Kariuki, who had moved to the court on December 21, 2021, seeking the suspension of section 43(6) of the Elections Act.
In the case, Wainaina has sued IEBC and the Attorney General, claiming that the electoral body cannot disqualify public servants seeking public office on grounds that they did not resign six months prior to the August General Election. The court will on January 24 decide whether to extend the orders or vacate them.
Also a teacher at Nyakeyo Mixed Secondary School, James Oroko, moved to court seeking to stop IEBC from implementing the Act.
Through lawyer Harun Ndubi, Oroko said he is just like any other aspiring ordinary citizen wishing to exercise his constitutional rights to vie in the forthcoming General Elections slated for late this year.
“It is obvious that by resigning from my employment, I will have lost my source of livelihood and resources to support my political ambition whereas the special members of the public services excluded from the pre-requisite shall continue to enjoy their salaries,” he argued.
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.
However, IEBC chairman Wafula Chebukati said last month that the order that barred the IEBC from forcing civil servants to resign six months to the polls was lifted.
