Independent Electoral and Boundaries Commission (IEBC) Chairperson Wafula Chebukati reaffirmed the agency’s commitment to enforce the directive derived from regulations requiring civil servants with political ambitions to quit at least six months to an election.
“That’s the law and it must be complied with. Let them resign and allow other Kenyans to take those positions,” he said.
Section 43(3) of the Elections Act 2011 provides that: “A public officer who intends to contest an election under this Act shall resign from the public office at least six months before the date of election.”
Speaking during a media sector working group session in Mombasa, Chebukati said the Court of Appeal case at Nyeri civil application No. 62 of 2017 County Government of Embu and another v Eric Cheruiyot and 15 others where the court stayed the judgment from the Employment and Labour Relations at Kericho by Justice Marete Njagi.
Justice Njagi had barred IEBC from enforcing the requirement on public servants pending the determination of the case.
The Commission will also enforce campaign expenditure limits.
“The limits have been sent to the Government Printers for publication in the Kenya Gazette. The Commission wishes to bring to the attention of stakeholders the provisions of Section 18 of the Act that gives the Commission Authority to vary the spending limits by notice in the Gazette,” he added.