Activist Okiya Omtatah has has taken Deputy President William Ruto over this years Presidential elections.
Omtata filed a petition seeking to force Ruto and any other public officers seeking to succeed President Uhuru Kenyatta to resign ahead of nominations.
In a case filed under certificate of urgency, Mr Omtatah says any public officer, including a sitting deputy president, a sitting governor, a sitting deputy governor, a sitting MP and a sitting MCA, must vacate office before nomination as a presidential candidate.
He argues that it is discriminatory to require public servants to resign, if they want to seek elective seat as per Section 43(5) & (5A) of the Elections Act, while allowing those elected to continue serving.
“A declaration be and is hereby issued that a sitting president, a sitting deputy president, a sitting governor, and a sitting deputy governor must vacate office before they can be elected to elective positions other than the ones they hold,” he said in the petition.
Mr Omtatah further says sections of Elections Act contradict the provisions of Article 83(3) of the Constitution, which requires that administrative arrangements for the conduct of elections shall be designed to facilitate, and shall not deny, an eligible citizen the right to stand for election.
“Public officers, like other citizens, have freedom of expression, of demonstration and the rights of every Kenyan citizen ―to campaign for a political party or cause and ―to be a candidate for public office. These rights may be limited, but only for a good reason,” he said.