The Candidate for the Kitui West By-election had not vacated public office in the time stipulated by the law
IEBC Dispute Resolution Nairobi, Tuesday, 6th February, 2018
The IEBC Dispute Resolution Committee (DRC) has dismissed the complaint by Nzuki Mwinzi against the Kitui West Constituency Returning Officer, Mr. James Mbai, for not clearing him to run for the March 26th Member of the National Assembly by-election. The Committee ruled that Mr. Mwinzi, a former Dean of the Faculty of Law at Kenyatta University, did not vacate public office within the stipulated time.
The Committee noted that the Complainant’s letter of retirement dated 22nd January, 2018, “is not a resignation letter but a retirement letter and therefore its acceptance is pegged on a letter of confirmation of retirement from the institution”. The Committee further said that Mr. Mwinzi’s case heavily hinged on the decision of the Eric Cheruityot & 7 others VS IEBC & 7 others  eKLR which in his view affords him the right to resign/retire after nomination in order to contest in the by-election. However, since there was a lawful and obligatory stay of order of execution of the High Court’s decision, pending appeal, the Complainant cannot benefit from the judgment in the Eric Cheruiyot case, the DRC, led by the Commission’s Chairman, Mr. Chebukati, ruled.