Public officers seeking elective positions in the 2027 General Election could be required to present a certificate of service as proof of resignation from public service, under a new legal reform proposed by the Independent Electoral and Boundaries Commission (IEBC).
The proposal is contained in the IEBC Pre-Election Disputes Resolution (Pre-EDR) Report for the 2022 General Election, which was launched as part of the commission’s review of lessons from the last polls.
According to the commission, the recommendation seeks to seal loopholes that have allowed some aspiring candidates to rely on fake resignation letters during the nomination process.
Certificate of Service to Verify Resignation
During the launch of the report, IEBC said public officers should be required to submit a certificate of service issued under Section 51 of the Employment Act, instead of relying solely on resignation letters.
“We’re also recommending a certificate of service for public officers who are resigning because there’s a need to require proof of resignation under Section 51 of the Employment Act. This closes the loophole for fake resignation letters,” an IEBC official said during the presentation.
Section 43(5) of the Elections Act requires public officers intending to contest elective seats to resign from office at least six months before a General Election.
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IEBC said the recommendation follows several disputes arising during the 2022 General Election, in which questions were raised about whether some candidates had resigned from public office within the timelines required by law.
The report notes that election dispute committees have treated late resignations or failure to disclose resignation from public office as sufficient grounds to invalidate a candidature.
The report also cites previous nomination disputes that exposed gaps in verifying whether public officers had resigned within the timelines required by law.
In one case, an MCA aspirant was disqualified after failing to resign from a public institution’s board within the prescribed period. In another case, a complaint alleging that a candidate had not resigned from the National Police Service was dismissed for lack of evidence.
The report also references a gubernatorial election dispute in which an official letter confirming a candidate’s resignation before the legal deadline helped defeat claims that they had remained a public officer.
According to the commission, requiring a certificate of service would provide official evidence that an individual’s employment has ended, making it easier for returning officers to verify compliance with election laws during candidate nominations.
Other IEBC Legal Reforms Proposed
In addition to the certificate-of-service requirement, the commission proposed several legal reforms to strengthen the nomination and dispute-resolution processes ahead of future elections.
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Among the recommendations are extending the period for determining nomination disputes from 10 to 14 working days and increasing the timeline for filing nomination disputes from 24 hours to 72 hours after the last day of candidate registration.
IEBC also wants the term “nomination” harmonized across election laws, noting that it is currently used interchangeably to refer to both the political party nomination process and the commission’s candidate registration process, creating confusion.
In addition, the commission recommended enhanced candidate sensitization by requiring aspirants to attend pre-nomination meetings organized by returning officers. According to IEBC, this would help candidates better understand nomination requirements and reduce avoidable disputes during the registration process.
According to IEBC, the proposals are part of the commission’s recommendations for legal reforms and would require legislative amendments to take effect ahead of the 2027 General Election.
In addition to the certificate-of-service requirement, the commission proposed several legal reforms to strengthen the nomination and dispute-resolution processes ahead of future elections.
Among the recommendations are extending the period for determining nomination disputes from 10 to 14 working days and increasing the timeline for filing nomination disputes from 24 hours to 72 hours after the last day of candidate registration.
IEBC also wants the term “nomination” harmonized across election laws, noting that it is currently used interchangeably to refer to both the political party nomination process and the commission’s candidate registration process, creating confusion.
In addition, the commission recommended enhanced candidate sensitization by requiring aspirants to attend pre-nomination meetings organized by returning officers. According to IEBC, this would help candidates better understand nomination requirements and reduce avoidable disputes during the registration process.
According to IEBC, the proposals are part of the commission’s recommendations for legal reforms and would require legislative amendments to take effect ahead of the 2027 General Election.
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