Activist Okiya Omtatah has filed a petition seeking to force Deputy President William Ruto and any other public officers seeking to vie in the 2022 elections to resign ahead of nominations.
According to the case filed under a certificate of urgency, Omtatah argues that any public officer, including a sitting deputy president, governor, deputy governor, MP or MCA must vacate office before nomination as a presidential candidate.
Omtatah further says it is discriminatory to require public servants to resign if they want to seek an elective seat as per Section 43(5) & (5A) of the Elections Act while allowing those elected to continue serving.
“A declaration is hereby issued that a sitting president, a sitting deputy president, a sitting governor, and a sitting deputy governor must vacate office before they can be elected to elective positions other than the ones they hold,” he said in the petition.
The Activist also wants the Court to issue an order quashing Section 43(5), (5A) and (6) of the Elections Act, 2012 because it does not state the reasons for limiting the ability of public officers to vie for political office.
“The Section in the Elections Act contravenes Article 24 of the Constitution which expressly requires that legislation limiting rights must be reasonable and justifiable and must state the intention to limit that right or fundamental freedom, and the nature and extent of the limitation,” The petition states.
If the petition sails through, Deputy President Ruto and future holders of the office who wish to succeed the President will have to resign from office at least 120 days before the General Election.