On Monday, January 10, renowned activist Okiya Omtata filed a suit calling for Deputy President William Ruto‘s resignation before he vies for the Presidency in the August 9, General Election.
In a case filed under a certificate of urgency, Omtata argued that any public officer; a sitting deputy president, governor, deputy governor, Member of Parliament, and a sitting MCA must vacate office before being nominated as a candidate.
He said it is discriminatory to require public servants to resign if they want to seek the elective seats as per Section 43(5) and (5A) of the Elections Act while allowing those elected to continue serving.
Omtata further stated that the Elections Act contradicts the provisions of Article 83(3) of the Constitution which tent to deny eligible public officers the right to seek elective seats.
However, it is worth noting that there is an exception to this requirement.
Article 137(3) of the Constitution provides that Article 137(2) (b) shall not apply to a President, Deputy President, or a Member of Parliament.
“Simply, put the Constitution does not require the President, Deputy President or an MP as public officers to resign to run for the presidency or indeed any other public office,” said former National Assembly majority leader Aden Duale.
According to the Constitution, the expiry date of the Deputy President and the President expires when the next President is sworn in, according to Articles 142 and 148 of the Constitution.
“The Elections Act, 2011 further embodies the principles behind Articles 99(2)(a) and 137(3) of the Constitution in section 43(5), (5A) and (6) by simply providing that… whereas a public officer is required to resign six months from the date of the election, the requirement shall NOT apply to a President, Deputy President, MP, Governor, Deputy Governor and MCA.”
According to Duale, any debate contrary to the law is intended to create confusion, and is also frivolous, vexatious, a pure waste of time, and a splitting of the hairs exercise!