This is according to a ruling by Justice Weldon Korir where the county bosses looking to vie will not be cleared by the Independent Electoral and Boundaries Commission (IEBC) if they have not fulfilled the requirement.
He noted that leaders could only qualify if they resign their positions before presenting their nomination papers to the IEBC.
Justice Korir observed that only an MP, President or Deputy President were exempted from the rule.
“Not even a governor or deputy governor is exempted by the provision. The reason is that in the constitutional matrix, governors and deputy governors belong to the same family with MCAs.
“For one to vie for any political seat established by the constitution, they must be qualified to do so. In nominating candidates for various seats, political parties need to ensure that the candidates meet the requirements of the constitution and the Elections Act,” he stated.
He made the findings when he nullified Gatundu North MP Wanjiku Kibe’s election stating by the time, Kibe got her nomination certificate on June 27, 2017, she was yet to resign as a Nominated MCA at Kiambu County Assembly.
Following the ruling, a number of elected leaders are at risk of losing their seats for not complying with the election laws.
The legislators include Senators Susan Kihika (Nakuru), Cleophas Malala (Kakamega), MPs Mary Waithira Wamaua (Maragua), Patrick Mariru (Laikipia West) Fred Ouda (Kisumu West), Women Rep Catherine Waruguru (Laikipia), Joyce Korir (Bomet), Gladys Mbevu (Kilifi), and Asha Mohamed (Mombasa).
MCAs wishing to run must tender a written resignation addressed to the Speaker of the relevant assembly.
For instance, Senator Kihika was the Speaker of the Nakuru County Assembly ahead of the 2017 General Election.