The High Court has overturned the requirement that Independent candidates submit copies of the identification cards of their supporters to the IEBC in order to be registered to run for various positions.
The requirement, according to Justice Anthony Mrima, is illegal and violates the Data Protection Act.
The ruling was on four consolidated petitions filed by 17 independent candidates and Free Kenya Initiative in April.
Election-related rules 18(2)(c), 24(2)(c), 28(2)(c), and 36(2)(c) of the Elections (General) Regulations, 2012 are thus declared to be in violation of the Data Protection Act and Article 31 of the Constitution (as amended in 2017).
However, because the decision is time-barred, it won’t have much of an impact on the Independent candidates who were disqualified from the August election.
They filed lawsuits against the Attorney General, the National Assembly, the Senate, the Independent Electoral and Boundaries Commission (IEBC), and the office of the Registrar of Political Parties.
Candidates Bob Njagi, Nicholas Oyoo, Nulalia Okumu, Felix Wambua, James, Bernard Obunga, and Nicholas Gitonga claimed that the Registrar of Political Parties and the Independent Electoral and Boundaries Commission (IEBC) imposed discriminatory, unconstitutional restrictions on Independent candidates running for political office.
They asserted that the commission has made it more difficult for independent candidates to obtain the signatures of their backers in addition to their identification documents. They made this claim through their attorney, Danstan Omari.
Independent Candidates must submit the forms listed in the regulations’ schedule along with the identification cards of their supporters in accordance with Regulations 24 (2) (c), 28 (2) (c), and 36 (2) (c) of the Elections General Regulations.
