The fate of Kenya’s Deputy President William Ruto’s presidential candidature in the August 9, General Election now hangs in balance.
This is after the rights activist Okiya Omtata on Thursday, February 17, moved to the High Court in Nairobi seeking clarification on sections of the Elections Act which requires civil servants to resign six months to General Election.
In the petition, the vocal activist argued that it is discriminatory to require public servants to resign if they want to seek the elective seats while allowing those elected to continue serving despite having publicly declared their aspirations to seek other elective seats.
Other than the deputy president, Omata also wants Speaker of the National Assembly Justin Muturi and Murang’a Governor Mwangi Wa Iria who have declared their interest to succeed outgoing President Uhuru Kenyatta to resign.
High Court judge Justice Anthony Mrima who is presiding over the case however argued that the elected leaders should be enjoined as interested parties, further directing Omtatah to notify them of the case.
“I have considered the nature of the petition and the parties who are referred to and who are likely to be affected. This court notes that most of them are not parties to the petition. The court must, therefore, take care of such,” said Justice Mrima as quoted by Nation.
In January 2022, Omtatah filed a petition seeking the resignation of any public officer, a sitting deputy president, governor, deputy governor, Member of Parliament, and a sitting MCA to vacate office before nomination.
In a case filed under a certificate of urgency, Omtata argued that the Elections Act contradicts the provisions of Article 83(3) of the Constitution which tents to deny eligible public officers the right to seek elective seats.
