Written By John Mutiso
The Independent Electoral Boundaries Commission(IEBC) has clarified that Members of County Assembly (MCAs) who are aspiring to contest as Members of Parliament (MPs) should not resign by February 9.
This is according to IEBC Chair Wafula Chebukati who issued the clarification on Wednesday through a statement following confusion and uncertainty on the fate of the MCAs who have higher political ambitions.
“The Commission wishes to clarify that according to Article 99(2)(d) of the Constitution of Kenya 2010 as read together with Section 43 (5) and (6) of the Elections Act, MCAs who wish to contest as Members of Parliament should resign before submitting their nomination papers to the Returning Officers to contest as a Member of Parliament,” part of the statement read.
In 4th May 2021, the High Court held that a sitting President, Member of Parliament, Governor or Member of a County Assembly who intends to vie for any position in the next General Election upon the expiry of the current electoral cycle, need not to resign before that General Election.
Later, in October 2020, the High Court’s Constitutional and Human Rights division held that the Election of Ann Wanjiku Kibe, who had vied for the position of Member of Parliament while she was a sitting MCA, was in violation of the Constitution.
Due to that reason, the Honourable court proceeded to declare the seat of the Gatundu North constituency vacant. But the matter headed to the Court of Appeal, which issued stay orders at the time.
The electoral body will give further direction on the matter after the Court of Appeal delivers its judgement on the pending matter on March 18.
