Independent Electoral and Boundaries Commission (IEBC) has clarified that MCAs aspiring to be MPs in the forthcoming elections should not resign by February 9th.
IEBC Chairman Wafula Chebukati says such MCAs will only be required to quit before submitting nomination papers to Returning Officers.
“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 members of Parliament,” Chebukati said in a statement on Wednesday.
Chebukati further noted that the electoral commission will give further advice once the Appeals Court delivers its judgment on the matter.
IEBC’s statement comes a day after National Assembly Speaker Justin urged MCAs seeking election in higher seats in the August 9th elections to step down by Wednesday.
“I am just taking the liberty to advise the Democratic Party National Executive Council that under Article 99, Clause 2, Paragraph D of the Constitution, a sitting member of the County Assembly must resign six months to the election date, which is tomorrow, February 9 for the August 9 General Election,” Muturi said.
Muturi also referred to a case filed against Gatundu North MP Wanjiku Kibe by her rival Kungu Kaiburu, who wanted her election invalidated on grounds that she failed to resign as an MCA six months before the 2017 elections.
The High Court ruled in favor of Kaiburu, saying that the election of Ms. Kibe, who run for the parliamentary seat while she was a sitting MCA, was in violation of the Constitution. The court went ahead to declare the Gatundu North parliamentary seat vacant.
MP Kibe move to the Court of Appeal to challenge the ruling and obtained orders of stay of execution. The court will make a ruling on the appeal on March 18th.
