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Sigh of Relief As Court Stops Civil Servants Eying Elective Posts From Resigning


It is a reprieve for Civil Servants eying elective position in the next General Elections this is after court gave temporary orders stopping them from resigning six months to elections before elections.

Employment and Labour Relations Court through Justice Monica Mbaru further states that the orders are however, temporary until case filed is heard   and determined.

“That pending service and attendance of the respondents herein the operation of section 34(6) of the Elections Act is hereby stayed,” ordered Justice Mbaru. 

A Kenyan teacher with similar petition has challenged the constitutional provision that requires public servants to resign six months to General Elections terming it unfair and discriminatory.

In an interview with Ghetto Radio News James Ouru Oroko a teacher at Nyakeyo Mixed Secondary wants all public officers be allowed to vie and should they lose then they can resume their duties after party primaries and General Elections.


“It will give all contestants a leveled playing ground forcing civil servants to resign yet others are vying and getting back to their jobs is discriminatory and they are shying away from vying,” Oroko told Ghetto Radio News on phone.

‘The Petitioner is a Public Servant employed by the Teachers Service Commission as TSC No. 276192 within the Republic of Kenya, carrying on his employment duties as a Teacher in Nyakeyo Mixed Secondary School within Kisii County. That by dint of his employment, the Petitioner is a Public Servant as for all the purposes and pronouncements as envisaged under the Elections Act. That the Petitioner is a dynamic political hopeful who intends to take part and/or participate in the forthcoming General Election slated for the year 2022 within the Republic of Kenya,’’ the petition reads in part.

By Allan Otieno