Independent Electoral and Boundaries Commission (IEBC) Chairman Wafula Chebukati now says Members of County Assemblies (MCAs) intending to vie for other positions in the August 9 general election do not need to resign by February 9.
Citing a court case involving Gatundu North MP Anne Wanjiku Kibe who served as an MCA before contesting the parliamentary seat, Chebukati said the court was yet to pronounce itself in the resignation of MCAs before vying for other seats.
Wanjiku's opponent Clement Kungu Waibara had sued the MP for not resigning as an MCA six months to the 2017 general election.
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The High Court agreed with Waibara's petition and declared Gatundu North MP's seat vacant before Wanjiku appealed the decision at the appellate court.
The Court of Appeal will rule on Wanjiku's case on March 22, 2022.
In the February 9 communication, IEBC said MCAs who intend to run for parliamentary seats should not resign before presenting nomination papers to the commission.
"The commission will give further advice once the Court of Appeal delivers the said judgment," Chebukati said.
The law requires all public and State officers, who intend to vie for political seats, to resign six months to the general election.
The law, however, exempts MPs, Deputy President, and President from resigning before seeking another elective seat.
