The Labour Relations court on Friday, February 4, 2022, extended orders suspending the directive by the Independent Electoral and Boundaries Commission (IEBC) requiring all civil servants seeking elective office to resign by February 9.
The order by the court now means that the civil servants will continue to serve in their capacities as they campaign for elective positions.
The order by the court now bars IEBC from disqualifying the candidates on grounds of failure to resign on or before February 9.
Justice Monica Mbaru extended the orders until February 10, 2022, when she will rule whether IEBC and the Ethics and Anti Corruption Commission (EACC) will be allowed t participate in the case.
The two state agencies had sought to be included in the case as interested parties arguing that the ruling will affect how they dispense their duties.
"For the interest of justice and in order to make a comprehensive ruling on the applications by EACC and PSC, I find it just and fair to extend the interim orders herein until February 10, 2022," said Justice Mbaru.
The interim orders were issued on December 21, 2021 in the case filed by civil servant Julius Wainaina Kariuki after IEBC directed that public officers interested in elective office should resign six months before the general elections as stipulated by Section 43 (5) of the Elections Act.
The court had also suspended operation of Section 43(6) of the Act that says political aspirants holding positions of the President, the Deputy President, a Member of Parliament, a county governor, a deputy county governor and a member of a county assembly should not quit their offices.
