Africa-Press – Kenya. Members of the County Assembly (MCAs) eyeing parliamentary, senatorial or gubernatorial seats can now breathe a sigh of relief after the Independent Electoral and Boundaries Commission (IEBC) announced that they can remain in office until the end of their term in August.
IEBC, while responding to reports that the MCAs eyeing higher political seats should resign by Wednesday, February 9, stated that the Elections Act requires them to resign before handing in their nomination papers.
“The Commission wishes to clarify that according to Article 99(2)(d) of the Constitution of Kenya 2010 as read together with Section 43 (5) and (6) of the Elections Act, MCAs who wish to contest as Members of Parliament should resign before submitting their nomination papers to the Returning Officers to contest as a Member of Parliament,” read the EBC statement in part.
In a statement to newsrooms, IEBC chairperson, Wafula Chebukati, explained that the commission will give further directions after the Court of Appeal gives an interpretation on the matter in March.
According to the electoral commission, the contention will be resolved by the Appellant Court after the matter filed at the High Court was escalated.
In May 2021, the High Court held that a sitting President, Member of Parliament, Governor or Member of a County Assembly who intends to vie for any position in the next General Election upon the expiry of the current electoral cycle, does not need to resign before that General Election.
Later, in October 2020, the High Court’s Constitutional and Human Rights division held that the Election of Ann Wanjiku Kibe, who had vied for the position of Member of Parliament while she was a sitting MCA, was in violation of the Constitution.
The court proceeded to declare the Gatundu North constituency seat vacant. But the matter headed to the Court of Appeal, which issued stay orders at the time.
“The Court of Appeal heard the matter and reserved March 2022 for Judgement. The Commission will give further advice once the Court of Appeal delivers the said judgment,” the IEBC stated.
The clarification comes amid the confusion that had rocked political parties over the implementation of the requirement that MCAs should resign by midnight today.
National Assembly Speaker, Justin Muturi, weighed in on the matter and instructed the MCAs seeking higher electoral positions to resign and avoid being left out of the elections by a technicality.
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