Exodus looms as civil servants' quit notice nears

An exodus will rock the government next month when public officers — including Cabinet Secretaries — eyeing political seats in 2022 must resign by February 9 .

At least seven CSs are eyeing gubernatorial seats. 

Quitting is required by election law, stating that public officers seeking to contest in the general election must quit at least six months to the polls. 

“All public officers intending to contest in the August 9 General Election must resign at least six months to the date of the General Election. That is the law that must be complied with,” IEBC chairman Wafula Chebukati said.

Section 43(3) of the Elections Act 2011 says the same. 

This means public officers hoping to run for election have barely 34 days to resign so they are not in contravention of the law.

However, the law protects state officers including the President, the Deputy President, governors and their deputies as well as MPs and MCAs from resigning six months to elections.

Critically, MCAs seeking to run for MPs seats must also resign from their current jobs

The Cabinet has 21 Cabinet Secretaries.

CSs, Principal Secretaries, Chief Administrative Secretaries, parastatal chairpersons, board members and directors of state agencies are among the top public officers expected to resign next month.

Ambassadors and heads of missions abroad who want to plunge into politics must also resign.

Most high-flying public officers were handed a lifeline by President Uhuru Kenyatta who appointed them after they lost in the 2017 polls. 

Now many are determined to bounce back to the political scene.

The seven Cabinet secretaries likely to seek governor seats are said to be Peter Munya (Agriculture), Sicily Kariuki (Water), Simon Chelugui (Labour), Charles Keter (Devolution), Ukur Yatani (Treasury), John Munyes (Petroleum) and Defence CS Eugene Wamalwa.

If the number of CSs quitting is more than half the current number, then obviously the President would have to do a mini-Cabinet reshuffle.

The number of PSs and CASs is not known. 

It is feared the mass exit would render some state agencies dysfunctional,  tipping the country for a government shake-up ahead of the polls. 

Former Cabinet Minister Franklin Bett on Tuesday told the Star the extent of the reshuffle would depend on the number of those resigning.

“If the number of CSs quitting is more than half the current number, then obviously the President would have to do a mini-Cabinet reshuffle,” said Bett. 

The ex-State House Comptroller said, however, that by now the President would have had formal communication from those intending to run for political seats. 

“It is obvious that by now, the President must have been informed by those intending to vie for political seats of their intentions to resign,” Bett said.

Some of the hopefuls have been traversing the country, especially in their electoral areas, launching development projects and popularising themselves.

While some CSs, PSs and CASs have publicly declared their political ambitions, some have been holding their cards close to their chests. 

The Star understands most public officers could start handing their resignation letters to the Head of the Public Service by month's end.

Munya and Yatani will be seeking to reclaim the seats they lost to their rivals in 2017 in Meru and Marsabit. 

In an interview with the Star, Yatani disclosed he was in "a dilemma" because of pressure from his backyard to go for the governor's position "having delivered during my earlier term.

“The gentleman who took over has his own challenges. People are able to see what we were able to achieve and the kind of degeneration that they have seen now,” the CS said. 

He went on, “I am also alive to the fact  I occupy a very senior position in the national government, whose services will be extremely important between now and until a new government is ushered in.

"I cannot abandon my President, the gentleman who has trusted me. I would not want to give him the burden of looking around for somebody he is going to trust,” the CS said. 

Munyes, who has been accompanying ODM boss Raila Odinga in his Azimio La Umoja campaigns, is planning to run for the Turkana governor's seat.  

Munyes served as Turkana’s pioneer senator but lost his bid to unseat incumbent Josphat Nanok in 2017. 

“I will be coming back home to serve my people as governor,” Munyes said at a rally in Lodwar recently. 

Kagwe and Chelugui are expected to make second stabs at the Nyeri and Baringo seats, respectively.

Wamalwa, Kariuki and Keter are said to be preparing themselves to make their first stabs for governor seats in Trans Nzoia, Nyandarua and Kericho counties, respectively.  

Wamalwa’s activities and frequent visits to the county have led many to conclude that he is interested in becoming the next Trans Nzoia governor. 

Although Interior PS Karanja Kibicho has not openly declared he intends to run, his frequent activities in Kirinyaga have indicated that he could throw his hat into the ring to remove Governor Anne Waiguru. 

Devolution PS Charles Sunkuli is said to be targeting the Narok governor’s seat as his Labour counterpart Nelson Marwa is also being linked to the Kuria West parliamentary seat 

Wildlife PS Fred Segor is also said to be eyeing the Baringo governor’s seat. 

A host of CASs who were picked by the President after losing the 2017 polls are also eyeing various seats. 

Gideon Mun’garo (Lands) wants to succeed Amason Kingi in Kilifi, Interior’s Hussein Dado is keen to return to Tana River while Chris Obure (Infrastructure) is eyeing the Kisii governor’s seat. 

Education CAS Hassan Noor is targeting Mandera, Public Service’s Linah Jebii is eyeing the Elgeyo Marakwet governorship. Patrick ole Ntutu (Labour) will be in the Narok race, while Simon Kapchapin (Energy) will seek a return to West Pokot as governor. 

Wavinya Ndeti (Infrastructure) and her East Africa Community counterpart Ken Obura want to be Machakos and Kisumu governors, respectively. 

Rachael Shebesh,who lost the Nairobi Woman Representative seat to Esther Passaris in 2017, is said to be seeking to unseat Kasarani MP Mercy Gakuya. 

Vocal Public Service CAS Beatrice Elachi is said to be plotting a political comeback with her eyes trained on the Dagoretti North parliamentary seat. 

State House Chief of Staff Nzioka Waita and Rift Valley regional commissioner George Natembeya are said to be eyeing Machakos and Trans Nzoia governor seats, respectively.

On Tuesday, Noor who has been a key pillar of the Azimio La Umoja in Mandera, said he is ready to acquiesce to the pressure by the voters of the county. 

“I am under pressure from the residents of Mandera county to run for governor. It is a heavy calling but I will take it with pride knowing that I will be serving my people,” the former provincial commissioner said. 

In March 2017, the Employment and Labour Relations Court struck down the provision in the Elections Act requiring civil servants seeking elective office to resign from their post six months to the polls. 

Justice Njagi Marete, sitting in Kericho ruled that Section 43(5) of the Election Act, 2011 was not subjected to public participation, hence, it was  unconstitutional. 

"A declaration is hereby issued that under Article 24(1)(2) of the Constitution, the requirement that a public officer who intends to contest an election resigns six months before the date of the election is unreasonable and unjustifiable in democratic society," the judge said. 

However, Chebukati said last month that the order that barred the IEBC from forcing civil servants to resign six months to the polls was lifted. 

He said that in the Court of Appeal case at Nyeri, civil application No 62 of 2017 County Government of Embu, and another v Eric Cheruiyot and 15 others the orders were stayed. 

(Edited by V. Graham)