Civil servants eyeing elective seats to remain in office longer
Civil servants aspiring to vie for elective posts in the August polls can now breathe a sigh of relief after Employment and Labour Relations Court sitting in Kericho temporarily suspended the election law requiring them to vacate office six months before the General Election, thereby barring Independent Electoral and Boundaries Commission (IEBC) from disqualifying them.
State House Chief of Staff and head of public service, Joseph Kinyua, had given a directive on December 1, 2016 in compliance with the law demanding civil servants in contention for elective posts to quit offices by February 8, 2017.
Justice Njagi Marete nullified Kinyua’s directive until February 14 this year when he will deliver a ruling.
The electoral commission, Public Service Commission (PSC), Attorney General and head of Public Service are required to give submissions in the election petition case.
The petitioner, Erick Cheruiyot, moved to court under a certificate of urgency on January 16 through a petition prepared and filed by his counsel, Mary Nyamai.
In the main petition, Cheruiyot argued that Section 43(5) and (6) of the Elections Act 2011 is discriminatory against public servants with political ambitions as it targets their contracts of employment for termination, leaving the rest of public servants in employment.
Reporting by Kimutai Kering
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