By Lucianne Limo
Medical Services minister Anyang’ Nyong’o withdrew a petition contesting a directive by Office of the President requiring Cabinet ministers and assistants holding elective positions to resign.
Yesterday, when the parties appeared before High Court Judge Isaac Lenaola, Prof Nyong’o informed the court he wished to withdraw the petition. “By consent, the petition is withdrawn with further order that parties bear their own costs,” Judge Lenaola ruled.
Earlier, Head of Public Service Francis Kimemia had defended his order. Mr Kimemia filed a preliminary objection in response to the petition, saying those ministers and their assistants who won elections and have not resigned are in office illegally.
In his response, Kimemia told the court the petition has been overtaken by events since all elected officers have been sworn-in and Supreme Court had dismissed the presidential election petitions paving way for the swearing in of President-elect on April 9.
“Nyong’o is engaging in an action contrary to Article 152 (3) of the Constitution that expressly prohibits any person from holding two State offices,” Kimemia added. He explained the directive was informed the Constitution to which he sought advice of the Attorney General and was made in good faith.
