Reuben Kigame, a presidential candidate, has suffered a major setback as a result of the Court of Appeal’s suspension of the ruling ordering IEBC to consider his papers.
This comes after IEBC filed an appeal against the High Court’s decision, arguing that doing so would have serious consequences for the upcoming election, including the possibility of a postponement of the general elections if his name was to appear on the ballot paper.
Justices Wanjiru Karanja, Francis Tuyiott, and Hellen Omondi granted the electoral commission’s request for a stay of execution while the case is being heard.
“The respondent shall serve the appellant and respondents before Sunday. Execution of the High Court judgment shall be suspended in the interim.” ruled the court.
Kigame’s attorney, John Khaminwa, requested that the court adjourn while he waited for the outcome of a meeting his client had been scheduled to attend at 11 a.m. on Thursday with Chairman Wafula Chebukati.
Attorney Eric Gumbo for the IEBC, however, opposed the application, arguing that there was absolutely no justification for them to wait for the meeting’s conclusion given that the proceedings were related to a judgment.
Attorney Gumbo stated that Khaminwa had ruined the meeting. Further, he said they had served the appeal to Khaminwa, despite Khaminwa’s further claim that he had not received the documents.
The High Court decision ordering the electoral commission to consider Kigame’s petitions to run in the general election on August 9 was appealed by the electoral commission.
Chebukati listed three legal barriers as obstacles to the court order’s implementation among them strict timelines.
