By Our Reporter
Civil servants who want to vie in the August 9 General elections have until tomorrow (Wednesday) to resign from their positions Court of Appeal has ruled.
The Court set aside labour court judgment that it was discriminatory to require public servants to resign.
The State had challenged a 2017 verdict that allowed public servants seeking elective seats to remain in office until the time for nominations.
In Tuesday’s ruling Justices Daniel Musinga, W. Karanja and Agnes Murgor said the labour court had no jurisdiction to deal with the issue of elections rules.
“Our view, therefore, is that the provisions of sections 43(5) and (6) are justifiable and reasonable and are not in contravention of any provisions of the Constitution,” the court ruled.
The judges said the provision of the Elections Act is innocent and perfectly constitutional.
“It is clear in our minds beyond any peradventure that the determination of the issue of public participation in relation to the enactment of the Elections Act, 2011 was not within the jurisdiction of the Employment and Labour Relations Court, contemplated both in the Constitution and under section 12 of the Employment and Labour Relations Court Act, 2011,” the court ruled.