MCAs eyeing parliamentary seats don't have to resign now - IEBC
Wafula Chebukati, the chairman of the Independent Electoral and Boundaries Commission.
The Independent Electoral and Boundaries Commission (IEBC) has issued a clarification for county assembly members following confusion over when they should quit.
This is after Speaker Justin Muturi advised MCAs to resign if they are eyeing parliamentary seats in the 2022 election. He said they risk being disqualified for not quitting on time.
However, in a statement on Wednesday, IEBC said that MCAs need not quit by February 9 as was required of other civil servants seeking political office.
"MCAs who wish to contest should not resign by February 9 2022 but should resign before submitting their nomination papers to the Returning Officers to contest as a Member of Parliament," the release signed by Wafula Chebukati says.
He added; "Therefore, the Commission wishes to clarify that according to Article 99(2)(a) and (d) of the Constitution as read together with Section 43 (5) and (6) of the Elections Act, MCAs who wish to contest as Members of Parliament should not resign by February 9, 2022 but should resign before submitting their nomination papers to the Returning Officers to contest as a Member of Parliament."
However, IEBC noted that the issue is still the subject of an ongoing electoral case and that the matter is still in court. Further, the High Court on October 7, 2020, in a case between Clement Kunga Waibara versus Ann Wanjiku Kibe and IEBC, where the latter contested for MP seat while still a sitting MCA in violation or Article 99(2)(a)and (d) of the Constitution.
On the above premise, the court proceeded to declare the seat vacant but Ms Kibe went to the Court of Appeal to contest the judgement and subsequently obtained orders of stay of execution.
The petition was first filed in 2017.
IEBC noted that the Court of Appeal will issue a judgment on March 18, 2022.
"The Commission will give further advice once the Court of Appeal delivers the said judgment, it said.
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