Independent Electoral and Boundaries Commission (IEBC) has issued a statement to clarify whether Members of County Assemblies (MCAs) who want to be Members of Parliament (MPs) should resign.

IEBC on MCA resignation

IEBC indicated that its attention had been drawn to an ongoing public debate as to whether MCAs seeking to be elected as members of parliament should resign or not.

In a statement released on 9th February 2022, IEBC states that the high court had on 4th May 2021 ruled on the matter and held that a sitting president, Governor, MP, or MCA who wants to vie for any political seat in the 2022 general election does not need to resign before the election date.

IEBC further stated that according to Article 99 (2)(d) of the constitution and sections 43 (5) and (6) of the Elections Act, MCAs are only required to resign before submitting their nomination papers to IEBC returning officer.

It should however be noted that there is a case on the same issue before the Court of Appeal. Its Judgement which will be delivered on 18th March 2022 will determine the way forward. But for now, MCA’s are not required to resign by 9th February.