Why a resignation letter may no longer be enough to vie for elective office

IEBC urged to compel public sector employers to confirm aspirants' employment removal status within 3 days of request, to prevent staying on payrolls while campaigning. [IEBC]

Employers of political aspirants could soon be required to submit employment status reports confirming that employees seeking elective office have officially left public service and been removed from the payroll.

The proposal by the Independent Electoral and Boundaries Commission (IEBC) Dispute Resolution Committee (DRC) is intended to curb cases where candidates use forged or deceptive resignation documents and to ensure public officers do not continue earning salaries while campaigning.

In a report released on Thursday, July 9, the committee recommended amending Section 74(2) of the Employment Act to require public-sector employers, upon request by the IEBC, to provide information on an aspirant's employment status and confirm their removal from the payroll within three days.

"IEBC should propose legal reform to amend Section 74(2) of the Employment Act to stipulate the duty of employers in the public sector to provide information on the status of employment of the aspirant and confirmation of removal from payroll, at the request of agencies such as IEBC, preferably within a three-day timeline," the committee said.

Currently, civil servants and other public officers seeking elective office are required to submit official resignation or acknowledgment letters from their respective institutions to prove they met the statutory resignation deadline.

However, the committee noted that resignation letters can be forged or submitted deceptively, making it difficult for the commission to verify whether an aspirant has genuinely left public service independently.

To close the loophole, the committee proposed requiring candidates to submit an official Certificate of Service issued under Section 51 of the Employment Act as proof of formal separation from their employer.

The DRC also recommended amending Section 74(2) of the Elections Act to extend the period for determining nomination disputes from 10 working days to 14, arguing that the current timeline places significant pressure on the committee.

Section 74(2) of the Elections Act, 2011 requires nomination disputes to be determined within 10 days of being lodged with the commission.

Although the committee met the statutory deadline, it said doing so required members to work late into the evenings, at night and over weekends to conclude cases.

"It was clear that the filing, hearing and determining the complaints within 10 days still took a toll on the Panel members, even after it took steps for empanelment, co-opting Advocates to chair the Panels, and adopting constructive dialogue with parties regarding timelines for making submissions," the report states.

The committee warned that the compressed timelines could compromise the quality of its decisions and increase appeals to the High Court, potentially disrupting election planning.

It added that extending the dispute resolution period would require corresponding adjustments to other statutory timelines in the electoral calendar.

The DRC further proposed amending its Rules of Procedure to increase the deadline for lodging complaints from 24 hours to 48 hours.

According to the committee, the current 24-hour window is too restrictive, leaving complainants with insufficient time to prepare pleadings, gather evidence, instruct legal counsel where necessary and travel to Nairobi to file complaints physically.