Home » Do governors, MCA’s need to resign if intending to vie for another seat in August?

Do governors, MCA’s need to resign if intending to vie for another seat in August?

by Amos Khaemba

There seems to be confusion as to whether Current Members of County Assemblies (MCA) need to resign in order to contest for other elective positions in the August 9, General Election.

The confusion is brought by the contention between the provisions of Article 99 of the Constitution of Kenya and Article 43 of the Elections Act, 2011.

Clause 2 (d) of Article 99 of the Constitution states that a person is disqualified from being elected as MP if the person is among others, a member of a county assembly.

On the other hand, Article 43, of the Election Act, exempts the President, Deputy President, Deputy governors, MPs, and MCAs from resigning to seek other elective positions.

The confusion is so evident that the UDA party yesterday, Tuesday, February 8, advised MCAs across the country who intend to vie for other positions on the UDA ticket to resign by February 9.

“Pursuant to Article 99(2)d of the Constitution and the ruling of Civil Appeal No. 431 of 2019 (Hon. Clement Waibara vs Wanjiku Kibe and others) we advise aspirants who are sitting Members of County Assembly (MCAs) intending to contests for position of Member of National Assembly or Senate to resign by Wednesday, February 9, 2022, for them to be eligible to contest in the aforementioned positions,” the notice dated February 8 read.

Also, recently The Speaker of the National Assembly Justin Muturi advised MCAs who intend to contest for other elective positions to resign.

“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 tomorrow, February 9 for the August 9 General Election,” Muturi said.

Elgeyo Marakwet Senator Kipchumba Murkomen weighed in and opined that the Court ruled previously on the matter, where it exempted MCAs and even governors from the provision of Article 99 of the Constitution.

While responding to Justin Muturi, Murkomen quoted the Court which said “Member of the County Assembly who intends to vie for any position in the general election, next upon the expiry of the current electoral cycle, need not resign before the General Election.”

The Independent Electoral and Boundaries Commission has come out to clarify the misunderstanding by saying MCAs will only resign at the point of submitting their nomination papers to the returning officer.

“The commission wishes to clarify that according to Article 99(2)(d) of the Constitution of Kenya 2010 as read together with Section 43(5) and (6) of the Elections Act, MCAs who wish to contest as Members of Parliament should not resign by February 9, 2022 but should resign before submitting their nomination papers to the Returning Officers to contest as a member of Parliament,” IEBC chairman Wafula Chebukati said in a statement

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