Civil servants eyeing elective seats in the August 9, General Elections have less than a month to resign.
This is after the High Court ruled out a petition challenging the enforcement requiring them to resign six months to the polls.
The civil servants with political motivations have precisely fourteen days in office before renouncing their jobs.
In the case, petitioner Eric Omari had argued that the relevant provision of Section 43(5) of the Elections Act of 2011 had a negative impact on youthful aspirants working in government offices.
Section 43(5) of the act states that a public officer who intends to contest an election under this act shall resign from public office at least six months before the date of election.
Justice Anthony Mrima ruled yesterday that the law had given the aspirants sufficient time to prepare for elections.
“They [civil servants] cannot have one leg in public service and another at their elective area. The law was designed to aid them to make up their minds on where they want to maximise their energies,” said the judge.
“Six months before the election date is sufficient time for them to prepare themselves to meet their fate at the election box. A longer period would be unreasonable and a shorter period would be more unreasonable.”
The Independent Electoral and Boundaries Commission (IEBC) announced the campaign period for the upcoming General Election will start on Sunday, May 29, and end on Saturday, August 6, just two days (48 hours) to the polls.
The electoral chairperson Wafula Chebukati stated the Campaigns will run from 7.00 am to 6.00 pm for the said dates.
“Political parties shall submit the party membership lists to the Commission on or before Saturday, April 9, 2022,” the electoral agency noted.
The Commission has also gazetted August 9, 2022, as the official date of the General Election, along with tentative dates and time for party primaries, as stipulated under the Elections Act, 2011.
Political parties fielding presidential candidates in the August 9 polls are required to submit names of interested individuals for nomination by April 9, 2022.
Party nominations will be held on April 30.
“Political parties shall submit the party membership lists to the Commission on or before Saturday, April 9, 2022,” the electoral agency noted.
Further, a political party intending to present a presidential candidate through direct nominations is required to submit their name to the Commission on or before Thursday, April 28.
Presidential aspirants intending to run on an independent candidate will not be members of any registered political party by Monday, May 2, 2022.
They are also required to submit their names and symbols on or before May 2.
“The Commission shall publish in the Gazette, the names and symbols of persons intending to contest in the election as independent candidates at least fourteen days before the nomination day being on or before Friday, May 13, 2022.”
IEBC chair Chebukati also advised political aspirants to desist from using the authority’s logo in campaign-related materials ahead of the August General Election.
This follows the publication of a gazette notice by the electoral commission on Thursday which officially marked the commencement of the election period and enactment of the electoral code of conduct and Election Offences Act, 2016 to guide the polls.
