This archive report was first published on 5 January 2022.
On January 24, the Employment and Labour Relations Court will hear a case that has temporarily spared public officers from the requirement to resign by February 9 if they intend to contest in this year's general election.
Justice Monica Mbaru made the order following an application by Julius Wainaina, who sought the suspension of the Elections Act on December 21.
According to the court order, 'pending service and attendance of the respondents herein the operation of section 34(6) of the Elections Act is hereby stayed.'
Public officers, including Cabinet Secretaries, who are eyeing political seats in the August 9 polls, have welcomed the reprieve.
However, the law protects state officers, including the President, the Deputy President, and members of Parliament, from resigning.
Similar cases have been decided in the past, with Justice Njagi Marete declaring section 43(5) and (6) of the Elections Act unconstitutional in 2017.
Justice Marete suspended a directive by the Chief of Staff and Head of Public Service, dated December 1, 2016, which required public servants seeking elective positions to vacate office on or before February 7.
