Appeals Court Upholds Law Requiring Public Officers Eyeing Political Seats to Resign

The Appeals Court has upheld provisions of the Elections Act requiring public officers eyeing political seats to resign six months before a general election.

Justices Daniel Musinga, Wanjiru Karanja, and Agnes Murgor on Tuesday ruled that sections 43(5) and (6) of the Elections Act 2011 are justifiable and reasonable and are not in contravention of any provisions of the Constitution.

The three judges overturned a ruling by the Employment and Labor Relations judge Njagi Marete, who declared Section 43(5) of the Elections Act unconstitutional.

The Court of Appeal also reversed Justice Marete’s pronouncement that the Elections Act failed the public participation test, saying the judge had no jurisdiction to determine the issue of public participation.

“It is clear in our minds beyond any peradventure that the determination of the issue of public participation in relation to the enactment of the Elections Act, 2011 was not within the jurisdiction of the Employment and Labor Relations Court contemplated both in the Constitution and under section 12 of the Employment and Labour Relations Court Act, 2011,” the judges ruled.

Section 43(5) of the Elections Act, 2011 requires a public officer who intends to contest an election to resign from public office at least six months before the date of election.

Consequently, any public officer seeking to run for political office in the August 9th general elections has until February 9th to step down.