MCAs Intending to Run for MP Seats Should Not Resign By February 9 – IEBC Clarifies

The Independent Electoral and Boundaries Commission (IEBC) has offered a clarification on whether Members of the County Assembly (MCAs) intending to run for MP positions should resign by February 9.

In a statement issued on Wednesday, the commission noted that the Ward Reps seeking MP seats should only resign before submitting their nomination papers to the Returning Officers.

Commission chair Wafula Chebukati cited a High Court case (Petition No. E369 of 2020) where Kennedy Irungu Ngodi and Martin NJuguna Ngugi vs Mary Waithera Njoroge and 11 others, the Court on May 4, 2021 held inter alia 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 resign before that General Election.

Later, on October 7, 2020 the High Court in Constitutional and Human Rights Petition No. 210 of 2020, Clement Waibara vs Ann Wanjiku held that the election of the First Respondent (Ann Wanjiku) who contested for the position of Member of Parliament whilst she was a sitting MCA was in violation of Article 99(2) (a) and (d) of the Constitution.

The Commission’s attention has been drawn to the public debate on the issue of disqualification of a sitting Member of a County Assembly (MCA) from being elected as a Member of Parliament (MP) on allegations that they need to resign by the 9th of February 2022. pic.twitter.com/d9F8xw0U6O

— IEBC (@IEBCKenya) February 9, 2022

Read: Kiambu MCAs Give Speaker Stephen Ndichu 24 Hours to Resign

On this premise, the Court proceeded to declare the seat of the Gatundu North constituency vacant. However, the First Respondent moved to the Court of Appeal challenging the judgment of the High Court and obtained orders of stay of execution.

The Court of Appeal heard the matter and reserved March 18, 2022 for judgement.

Speaker of the National Assembly Justin Muturi declared on Tuesday that MCAs seeking parliamentary seats must quit by Wednesday or risk being banned from running for the seats.

“I am just taking the liberty to advise the Democratic Party National Executive Council that under Article 99, Clause 2, Paragraph D of the Constitution, a sitting Member of the County Assembly must resign six months to the election date, which is today February 9,” he said.

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He cited Article 99 of the Constitution, Clause 2, Paragraph D, which provides that if a person is a member of a county assembly, he or she is ineligible to be elected to Parliament.

Muturi voiced concern that failing to follow the law could result in one’s election being canceled.