Court maintains civil servants seeking political seats must resign by February 9

  • In a ruling, the High Court maintained that all civil servants must resign six months to the general election.
  • The court ruling quashed a petition to extend the stay in office of public officers who are keen on elective seats in the 2022 general election.
  • The public servants with political ambitions now have exactly two weeks in office before relinquishing their jobs.

Civil servants seeking to join elective politics must resign on or before February 9, 2022.

In a ruling delivered on Tuesday evening, the High Court maintained that all civil servants must resign six months to the general election.

The court ruling quashed a petition to extend the stay in office of public officers who are keen on elective seats in the 2022 general election.

The public servants with political ambitions now have exactly two weeks in office before relinquishing 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.

High Court Judge Anthony Mrima noted that the case was dealt with by another court 10 years ago and that the issues raised by Omari were similar to those raised by petitioners then.

Judge Mrima, who had earlier, on January 6 this year granted orders staying resignations by February 9, consequently threw out the petition.

IEBC has gazetted August 9 as the date for the forthcoming general election; meaning all civil servants seeking political positions must vacate office by February 9.

At least seven Cabinet Secretaries in President Uhuru Kenyatta’s executive harbor political ambitions.

Among these include Devolution CS Charles Keter eyeing the Kericho governor’s seat, Mining and Petroleum Chief Administrative Secretary John Musonik who wants to be the Bomet governor, Agriculture CS Peter Munya eyeing the Meru governor's seat, and Lands Chief Administrative Secretary Gideon mungaro who wants to succeed Amason Kingi as Kilifi governor.

Others include Treasury CS Ukur Yatani who wants to retake the Marsabit County top job, Petroleum CS John Munyes, Labour CS Simon Chelugui and Infrastructure CAS Chris Obure among others.

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