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Embu Speaker Advises MCAs Seeking Parliamentary Seats Not to Resign

Embu Ward Representatives aspiring for various parliamentary offices have been advised not to relinquish their current seats until 8th August 2022 when the positions fall vacant automatically.

Speaker Thiriku at Assembly Chambers. Photo/COURTESY

In a statement that departed from an advisory by Intependent Electoral and Boundaries Commission (IEBC) Chairman Wafula Chebukati, the Speaker of the County Assembly of Embu Josiah Thiriku said the law does not prohibit an MCA from being nominated to vie for a Parliamentary seat by a political party.

The Speaker said nomination to contest as a Member of Parliament is not an election within the meaning of Article 99 of the Constitution of Kenya. He added that the law only prohibits a person from occupying the office of a Member of Parliament concurrently with the office of a Member of the County Assembly.

Speaking while delivering his interpretation of the Constitution to MCAs at the County Assembly chambers, Thiriku pointed out that the term of office for the President, Members of Parliament, Governors and Members of the County Assemblies is five years, meaning that the State Officers relinquish their positions on the date of the next General Election.


Observing that the advisory by National Assembly Speaker Justin Muturi had caused jitters within the County Assembly and elicited debate across Embu County, Thiriku said the hullabaloo was uncalled for because the law was clear. His statement was delivered minutes after Deputy Speaker Steve Simba swore not to relinquish his seat as Runyenjes Central MCA.

According to the Speaker, the President, Members of Parliament, governors and Members of the County Assemblies do not have to explicitly resign as the law renders them out of office on the second Tuesday of August every fifth year. He further opines that the leaders cannot be said to be occupying two offices concurrently.

Unlike Chebukati, Thiriku holds the opinion that the provisions of Article 38 of the Constitution and Section 43(6) of the Elections Act that a Member of an MCA who intends to vie for the seat in parliament in the General Election does not have to resign from the membership of the County Assembly either before the party nominations or at all.

The Speaker however advised that if an MCA Assembly intends to vie in a by-election for the seat of a MP, the Ward Rep must, pursuant to Section 43(5)(a) of the Elections Act, resign from that position within seven days of the declaration of a vacancy by the Speaker of either Senate or National Assembly.


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