Saturday, January 14, 2012

Ruling hands reprieve to public servants eyeing political posts



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Judges Mumbi Ngugi (Left) Isaac Lenaola (Center) and David Majanja give ruling at High Court in Nairobi on next general election date on January 13, 2012. PHOTO/ BILLY MUTAI
PHOTO/ BILLY MUTAI/NATION Judges Mumbi Ngugi (Left) Isaac Lenaola (Center) and David Majanja give ruling at High Court in Nairobi on next general election date on January 13, 2012.  
By NATION REPORTER
Posted  Friday, January 13  2012 at  22:30
Civil servants who intend to vie for political positions on Friday got a reprieve after the High Court ruled that the next General Election may be held next year.
As such, they will continue holding their plum government jobs for more months since the polls will not be held this August as provided for in the Constitution.
They had been notified by Public Service head Francis Muthaura to obey the Elections Act by resigning from their jobs today on the basis that the election was to be held in August. The Act directs that all public officers intending to vie for political posts should quit their jobs seven months to the elections date.
However, a three-judge bench sitting at the High Court in Milimani, Nairobi, did not rule on the exact date of the elections, but instead provided for two options.
In the first option, justices Isaac Lenaola, David Majanja and Mumbi Ngugi said the elections should be held within 60 days from the date the coalition government is dissolved.
“In the year 2012, within sixty days from the date on which the National Coalition is dissolved by written agreement between the President and Prime Minister in accordance with section 6(b) of the National Accord and Reconciliation Act, 2008,” they ruled.
Alternatively, they ruled that the election date should be within 60 days after the expiry of the term of the current Parliament, which is January 14 next year.
“Upon the expiry of the term of the 10th Parliament on the 5th anniversary of the day it first sat which is designated by Legal Notice No 1 of 2008 as January 15, 2008. The term therefore expires on January 14, 2013. The elections shall be held within 60 days of January 15, 2013,” they announced.
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A number of civil servants, among them permanent secretaries James ole Kiyiapi (Higher Education) and Kennedy Lusaka (Livestock) have declared their intention to join politics. Prof Kiyiapi will vie for the presidency while Mr Lusaka wants to become the Bungoma County governor.
The requirement for civil servants with political ambitions to quit their jobs had raised a row in government with those affected questioning the rationale for their resignation. They were of the view that Cabinet ministers and their assistants, who are not exempted by the law, should also quit. (READ: Jitters over law compelling ministers to quit posts)
The Act, however, protects President Kibaki, Prime Minister Raila Odinga, Vice President Kalonzo Musyoka and MPs. After the next elections, senators, governors, deputy governors and county assembly members will also be covered.
According to sources, the PSs had petitioned Attorney-General Githu Muigai to give a legal guidance on the requirement.
It is understood Prof Muigai was to give his direction on Saturday had the judgement pointed to an exact date for the polls.
The PSs were also planning to discuss the drive to have them resign their positions during a meeting on Monday.

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