Civil servants with an eye on 2012 poll to quit in two weeks

The government has stepped up pressure on top civil servants wishing to contest in next year’s General Election to resign in two weeks.

Head of Civil Service Francis Muthaura asked those wishing to vie for political seats to comply with the law and quit as soon as possible.

“A public officer who intends to contest an election shall resign from public office at least seven months before the date of the election. Those who leave the service will be facilitated to do so in the shortest time possible,” he said in a circular dated December 22.

The circular Political Neutrality and Integrity of State and Public Officers says officials intending to vie for seats in the next General Election face the sack if they breach provisions of the law requiring them to maintain political neutrality and integrity.

Mr Muthaura’s directive comes soon after the Independent Electoral and Boundaries Commission (IEBC) set January 14, 2012, as the last day civil servants who want to contest in next year’s poll should hold their offices.

The date is based on the probability that the elections will be held on August 14, 2012.

The High Court is expected to rule on the election date on January 13, just a day before the deadline for the officials to resign.

The electoral commission also announced plans to set up a committee to ensure political parties and aspirants do not conduct harambees.

These are some of the legal measures that follow the enactment of strict electoral rules aimed at ridding the political field of practices that often tilt the contest in favour of some individuals.

Top public servants who have signalled their intention to stand for political office next year include permanent secretaries James ole Kiyiapi (Education) and Kennedy Lusaka (Livestock) and Administration Police Commandant Kinuthia Mbugua.

Prof Kiyiapi has declared his intention to vie for the presidency while Mr Lusaka is eyeing the governor’s seat in Bungoma County.

Mr Mbugua is seeking an elective post in Nakuru but has not named the specific seat he intends to contest.

Mr Muthaura’s circular also seeks to guide both State and other public officers in the discharge of their duties to ensure they remain politically neutral.

It forbids State and public officers from holding office in a political party.

Eligibility for elections

In their positions as State officers, Mr Muthaura said, they are not eligible for election to Parliament.

They are also not eligible for nomination as either parliamentary, presidential or county governor candidates, he said.

Mr Muthaura also warns the officials against engaging in activities of any political party, candidate or acting as agents of a political party.

They should “publicly not indicate support for or opposition against any party or side with a candidate participating in an election”.

Mr Muthaura said the employees could also not engage in campaigns or other political activities.

Also targeted by the new rules are officials who use public resources to initiate new development projects in constituencies or counties three months before an election.

The law, he said, forbids the use of public resources for the purpose of campaigning during an election or referendum.

Mr Muthaura asked the officers to cooperate with the IEBC.

Cabinet exempt

The resignation requirement, however, does not affect President Kibaki, Prime Minister Raila Odinga, Vice-President Kalonzo Musyoka, ministers, mayors and councillors who are categorised as public officers.

However, civil servants will get a four-month reprieve if either the High Court rules that the 2012 elections will be held in December, or the Cabinet proposal to amend the Constitution to move the election date to December succeeds.

Both decisions are expected early next year.

Mr Muthaura said the electoral commission had a duty to seize any State resources that would be used in an election campaign.

Police officers, he said, had a duty in their respective areas of operation to maintain law and order to ensure the proper conduct of an election.

According to the Elections Act, a public officer shall not engage in any political activity that may compromise the political neutrality of the person’s office.

“If a public officer infringes the constitutional and legal provisions, they are liable to penal sanctions,” Mr Muthaura said.

The circular was sent to all permanent secretaries, Public Service Commission secretary Bernadette Nzioki and Teachers Service Commission boss Gabriel Lengoiboni, among others.

Some have reportedly indicated their intention to quit if the controversy over the election date is resolved.