The Independent Electoral and Boundaries Commission (IEBC) has dashed the hopes of presidential aspirants who were kicked out of the race after failing to meet the 48,000 signature threshold, which was declared unconstitutional by the court.
Despite the court’s ruling that the law does not apply retroactively, the electoral body’s legal advisor, Crispin Owier, has stated that the IEBC will not revoke the presidential nomination process.
“As you well know the law doesn’t act retrospectively, if it did then the judge ought to have specifically ordered and directed the commission to register those persons who didn’t qualify for want of compliance with those regulation,” he stated.
“There is no such a position directing the commission to clear those aspirants. So the law applies moving forward and the commission is guided.”
The IEBC is expected to file a stay order with the Court of Appeal to bar the implementation of the court ruling that outlawed the signature requirement for presidential candidates.
The electoral commission determined that Justice Mrima’s decision was not sound and was not founded on the constitution.
“The commission believes it’s not a well grounded judgment based on constitutional principles and the provision of the elections act,” Owier stated.
Thirdway Alliance party leader Ekuru Aukot, who was one of the candidates, had called for the resignation of Independent Electoral and Boundaries Commission (IEBC) Chairman Wafula Chebukati after the commission failed to clear him and other candidates due to “unconstitutional regulations.”
Wafula Chebukati, the poll body’s chairman, denied claims that he is overseeing election preparations in an unconstitutional manner, claiming that the commission is guided by the law.
“In all we do and by the time we cleared the candidates we followed the constitution the constitution, the elections act and regulations at that time and they were constitutional at that time. We didn’t create our own laws as the impression is being given,” he said.
Aukot demanded that the ongoing presidential campaign preparations be halted and that the presidential candidate nomination process be restarted.
“The unconstitutional presidential nominations of Raila Odinga, William Ruto, George Wajackoya, and Mwaure Waihiga be immediately quashed and the presidential ballot printing be shelved until a proper nomination exercise is carried out,” he stated.
Chebukati, according to Aukot, is unfit to preside over the 2022 general election because he presided over the 2017 polls, which were declared invalid by the Supreme Court, resulting in a loss of taxpayer money.
Get Published Today
Email: uzalendonews24@gmail.com to submit your story.
SUBSCRIBE TO OUR YOUTUBE CHANNEL
