NAIROBI, Kenya, Feb 6 – A petition challenging the requirement for public servants seeking elective positions to quit employment by February 7 is due for hearing Monday.
The petition filed by a Kericho resident accuses the Independent Electoral and Boundaries Commission (IEBC), Public Service Commission (PSC), the Attorney-General and Head of Public Service Joseph Kinyua of contravening the Constitution.
Petitioner Eric Cheruiyot argues that the laws illegally grants Governors, Senators, MPs and MCAs undue advantage by allowing them to stay in office while requiring other public servants to resign from office.
He wants the court to order that public servants can only leave office to participate in elections after the dissolution of Parliament and County Assemblies.
He has further stated that by interfering with public officers’ contracts of employment, the law also abrogated their rights to fair labour practices.
He argued that the IEBC had failed to declare the actual date when the elections will be held.