The Independent Electoral and Boundaries Commission has said that Members of the County Assembly should not resign by February 9.
In a statement on Wednesday, the commission said that this was after the High Court on May 4, 2021, exempted a sitting President, deputy, president, governors and their deputies, MPs and MCAs from resigning.
The commission, however, said the MCAs can resign before submitting their nomination to Returning Officers.
"The commission wishes to clarify that according to Article 99(2)(d) of the Constitution of Kenya 2010 as read together with Section 43(5) and (6) of the Elections Act, MCAs who wish to contest as Members of Parliament should not resign by February 9, 2022, but should resign before submitting their nomination papers to the Returning Officers to contest as a Member of Parliament," IEBC chairman Wafula Chebukati said.
He noted that the electoral body will give further direction on the matter after the Court of Appeal delivers its judgement on a pending matter on March 18.
There was confusion on whether MCAs seeking parliamentary positions in the August 9 polls were required to resign by Wednesday, a matter that aroused public debate.
This was after National Assembly Speaker Justin Muturi on Tuesday insisted that MCAs seeking parliamentary positions should resign to avoid being disqualified from vying for other seats.
“I am just taking the liberty to advise the Democratic Party National Executive Council that under Article 99, Clause 2, Paragraph D of the Constitution, a sitting Member of the County Assembly must resign six months to the election date, which is today February 9,” he said.
On Wednesday, MCAs umbrella body - County Assemblies Forum- instructed its members seeking higher elective positions to disregard any calls to have them resign ahead of the August 9 polls.
The Forum told 90 MCAs seeking higher political positions that there was no law requiring them to resign by February 9 as claimed.
CAF Secretary General Kipkurui Chepkwony said MCAs are only required to resign in case of by-elections.
He took a jibe at National Assembly Speaker Justin Muturi over recent remarks that MCAs must resign six months to General Election.
Kipkurui insisted that the courts had pronounced themselves on the matter.
"As the Speaker of the National Assembly, he cannot be seen to be contradicting the courts on matters interpreting the Constitution of Kenya or the statutes, especially when the courts have complete jurisdiction in all matters of interpreting the laws of the country," he said.
