Editor's Review

In May 2020, the High Court exempted sitting leaders from resigning ahead of the General Elections leading to the confusion on the same.  

The Independent Electoral and Boundaries Commission (IEBC) has clarified the directive requiring Members of County Assembly (MCAs) to resign by Wednesday, February 9. 

In May 2020, the High Court exempted sitting leaders from resigning ahead of the General Elections leading to the confusion on the same.  

In a statement, IEBC said MCAs seeking parliamentary seats will not resign today but before submitting their nominations to Returning Officers to contest as MPs. 

"The commission wishes to clarify that MCAs who wish to contest as Members of Parliament should not resign by February 9, 2022, but should resign before submitting their nomination papers to the Returning Officers to contest as a Member of Parliament," IEBC chairman Wafula Chebukati noted. 

Chebukati added that the commission will issue further direction regarding the same once the Court of Appeal delivers its judgement over the matter.   

{IEBC chair Wafula Chebukati and UK High Commissioner to Kenya Jane Marriott at the Bomas of Kenya PHOTO/COURTESY}

Deputy President William Ruto-led UDA party has since withdrawn the directive, noting that it would be seeking guidance from IEBC. 

"The party wishes to withdraw the notice until we seek urgent clarification from the Independent Electoral and Boundaries Commission(IEBC)," UDA noted in a statement. 

UDA Secretary-General Veronica Maina had asked the MCAs to resign, quoting Article 99(2)(d) of the Constitution of Kenya 2010 and a ruling delivered by the Court of Appeal Judge, Weldon Korir, in 2019.

"We advice our aspirants who are sitting MCAs intending to contest for the position of MP or Senate to resign by Wednesday, February 9, for them to be eligible to contest," read the UDA statement dated February 8.