JUDGMENT
This is an appeal from the judgment of the Employment and Labour Relations Court dated March 29, 2017. In his judgment, the trial judge (Marete, J) issued orders, inter alia, that section 43(5) of the Elections Act, 2011 is unconstitutional and without any legal basis or force ab initio.
The genesis of the matter culminating into this appeal is a petition, to wit, Petition No 1 of 2017 that was filed at the Employment and Labour Relations Court of Kenya at Kericho on January 16, 2017 by one Eric Cheruiyot, the 1st respondent herein. The named respondents in that petition were the Independent Electoral and Boundaries Commission (IEBC), Public Service Commission, Attorney General and the Chief of Staff and the Head of Public Service as the 1st to 4th respondents respectively.
The petition by Eric Cheruiyot, who described himself as a registered voter in Kericho County, sought to, inter alia, challenge the constitutionality of section 43(5) and (6) of the Elections Act, 2011. The p…