Kenyan Public Servants wanting to contest the country’s General Election now have less than a month to resign from the bureaucracy after the High Court struck out a petition challenging the election law that requires them to quit the Service six months before the election date.
Announcing the court’s decision, Justice Anthony Mrima said Public Servants could not have one leg in the Public Service and another in the elective arena.
“The law was designed to aid them to make up their minds on where they want to maximise their energies,” Justice Mrima (pictured) said.
“Six months before the election date in August is sufficient time for them to prepare themselves to meet their fate at the election box,” he said.
“A longer period would be unreasonable and a shorter period would be more unreasonable.”
Justice Mrima also noted that the issues raised in the petition were similar to those in a case determined 10 years ago by Justice Isaac Lenaola, now a Judge of the Supreme Court.
“That judgment was never appealed and the orders are deemed final,” the Judge said.
Eric Omari Wanyamah, a voter, had sought to have Section 43(5) of the Elections Act declared unconstitutional, arguing it was discriminatory to force Public Servants to resign as a pre-requisite qualification to vie for elective seats, while their rivals in the private sector and those holding political positions remained in office.
Mr Wanyamah said the legal provision was punitive and had a negative impact on youthful aspirants working in the Government because they stood to lose their jobs should they join in politics.
“The disputed law accords an unfair advantage to some people, breaches the requirement for fairness, equality and proportionality and therefore it is unconstitutional,” Mr Wanyamah said.
“This legal provision also violates voters’ right to choose leaders,” he said.
Nairobi, 31 January 2022
