Machakos Governor Dr Alfred Mutua who is also vying for the presidency in 2022 has challenged the ruling by Justice Weldon Korir that sitting governor who harbour dreams of being president should resign from office six months to the election.
The Maendeleo Chap Chap party leader termed the judgement by Justice Korir as unfair and discriminatory and did that it should be contested.
“Kenya needs to be a country that encourages fairness so that all persons who aspire to run for the highest office in the land are offered equal opportunity to compete,” Mutua said.
Governor Mutua who has expressed a desire to run for the presidency in the 2022 elections said that the judgement compelling governors who aspire to run for the highest office in the land to exit office six months before their terms should be challenged in court to ensure fair play.
Mutua was speaking in Nyeri during a ceremony to sign a memorandum of understanding for support of aquaculture with the Ministry of Agriculture, Livestock, Fisheries and Cooperatives where he said that requirement by the court is the hallmark of unfairness and it must be gotten rid of.
Last week Justice Korir, in a judgement where the election of Gatundu North MP Anne Wanjiru was nullified because at the time of being nominated to run she was also MCA, the Judge also proceeded to find that Governors who have ambitions for offices in the national government should resign six months to the elections.
The ruling compels second term Governors who wish to contest as President, Senators, Members of the National Assembly or Women Representatives to resign by February 2022.
“It is unfair that I would have to resign yet my main competitor, Deputy President William Ruto would not have to resign,” Governor Mutua added.
According to Justice Weldon Korir, the only holders of political office who can stand in a presidential election without relinquishing their offices are the President, the Deputy President or MP.
“Not even a governor or deputy governor is exempted by the provision. The reason is that in the constitutional matrix, governors and deputy governors belong to the same family with MCAs,” said Justice Korir. This means that an MCA cannot participate in a presidential election before quitting his seat.
The judge added that the drafters of the constitution created a distinction in the qualifications and disqualifications for persons who want to contest seats in the national government and those seeking political offices in county governments.