The IEBC has filed an appeal against the court’s decision on Reuben Kigame’s clearance.
The electoral commission wants the court to consider presidential candidate Reuben Kigame’s nomination papers for the August 9 general election.
Wafula Chebukati, chairman of the Independent Electoral and Boundaries Commission, cited three legal impediments to the court order’s implementation.
Kigame was barred from running in the election by the IEBC’s Dispute Resolution Committee (DRC) because he had less than 2,000 supporters in each of the majority of counties.
The court, however, ruled that the DRC had violated Kigame’s rights under Article 54 of the Constitution and the Persons with Disabilities Act.
According to Justice Athony Mrima’s decision, Kigame demonstrated exemplary effort in meeting the requirements, and the list of supporters he presented was sufficient.
“He shall thus not be disqualified because of a lack of signatures from his supporters,” Mrima said.
However, Chebukati stated on Wednesday that the judgment raises a number of legal and practical issues.
First, the Constitution requires a presidential candidate to be nominated by at least two thousand voters from each of the 24 majority counties.
“The requirement to be nominated by at least 48,000 supporters is thus a constitutional requirement whose non-compliance invalidates the nomination papers,” Chebukati noted.
Second, Chebukati claims that the court failed to mention that a list of supporters was provided to it in order for it to reach its decision.
“The Court-referenced list of supporters has not been presented to the Commission, nor has it been analyzed to determine whether the listed nominating supporters meet the prescribed numbers and are registered voters as required,” he said.
Furthermore, Chebukati stated that the court’s decision is time-barred because the commission works within strict election timelines.
“The number of steps and processes required to carry out the Judgment may jeopardize the holding of presidential elections on August 9, 2022, which is only 19 days away,” Chebukati said.
He stated that the IEBC is committed to including marginalized groups, including people with disabilities, but that any special category of Kenyans should be governed and provided for in accordance with the Constitution, election laws, and electoral timelines.
