Members of the County Assembly (MCAs) eyeing higher political seats in the August Elections need not resign just yet, the Independent Electoral and Boundaries Commission (IEBC) has said.
This comes after Speaker Justin Muturi had instructed the MCAs to resign or risk being disqualified.
However, in a statement on Wednesday, the electoral body said MCAs need not resign by February 9 as was required of other civil servants seeking political office.
IEBC clarified that the MCAs going after the higher seat are required to resign before presenting their nomination papers.
“MCAs who wish to contest 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 said.
“Therefore, the Commission wishes to clarify that according to Article 99(2)(a) and (d) of the Constitution as read together with Section 43 (5) and (6) of the Elections Act, 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 chairperson, Wafula Chebukati also noted the issue is still the subject of an ongoing electoral case and that the matter is still in court.
“The Commission will give further advice once the Court of Appeal delivers the said judgment,” Chebukati said.
The Appellate court will issue a judgment on March 18, 2022.
