According to a circular signed by PSC Vice Chairperson Mary Kimonye, all public servants planning to vie for any position must resign from office within seven days after the official announcement of vacancies.
The directive applies to all categories of public officers, from senior administrators to junior staff, as long as they are on government payroll.
“The law is very clear,” the circular read.
“Any public officer who wishes to participate in the upcoming by-elections must vacate office within seven days after the vacancies are declared.”
The Commission emphasized that failing to resign within the required period would amount to a violation of the electoral laws, which automatically disqualifies the affected officer from contesting.
The PSC further referred to Section 12(c) and (d) of the Political Parties Act, which bars public officers from engaging in any political activity that may compromise their neutrality.
It also prohibits them from publicly supporting or opposing any political party or candidate.
Additionally, Section 25(1) of the new Conflict of Interest Act, 2025, was cited, warning civil servants against taking part in campaigns or acting as agents of political parties.
The Commission noted that such involvement could damage the integrity and impartiality of the public service.
Mary Kimonye reiterated that anyone found breaching these laws will face disciplinary action, which may include suspension, dismissal, or removal from office, depending on the seriousness of the violation.
“All heads of departments and authorized officers must submit to the Commission the names of officers who have resigned to participate in the by-elections,” the statement added.
The PSC instructed that lists be submitted promptly to ensure compliance and accountability.
The Commission also urged senior administrators to monitor their staff closely and take immediate action against any officer who ignores the directive.
The Independent Electoral and Boundaries Commission (IEBC) has scheduled the by-elections to fill vacant positions across 24 constituencies.