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Order on civil servants’ resignation date extended

Tuesday, January 25th, 2022 05:00 | By
Employment and Labour Relations Court judge Monica Mbaru. FILE

The Employment and Labour Relations Court has extended orders suspending the electoral commission’s directive requiring all civil servants seeking elective seats in the August polls to resign by February 9.

In a brief ruling yesterday, Justice Monica Mbaru extended the orders until February 4 when the court will hear the matter by petitioner Julius Kariuki.

Petition is seeking to stop the Independent Electoral and Boundaries Commission from disqualifying public servants eyeing political seats.

“The interim orders are hereby extended until February 4,” Mbaru ordered. In the case, Kariuki has sued IEBC and Attorney General, arguing that the electoral body cannot disqualify public servants seeking public office on grounds that they did not resign six months prior to the August polls.

Formal application Matter is set for a hearing on February 4, five days to the February 9 deadline for public officers to resign if they intend to contest in this year’s General Election.

This is a major reprieve for public officers, including Cabinet Secretaries eyeing political seats. Law, however, protects State officers including the President, Deputy President and Members of Parliament from resigning.

Judge also ordered the Ethics and Anti-Corruption Commission and Public Service Commission, who are seeking to be enjoined in the matter to file a formal application.

Mbaru further directed the petitioner, who is seeking to have the matter heard and determined by an even judge Bench appointed by the Chief Justice to file a formal application in the matter.

During yesterday’s court proceedings, IEBC urged the court to halt its proceedings on grounds that the Court of Appeal is dealing with a similar matter that emanated from employees of Embu County Government.

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