After declining to lift orders issued last week in favor of the Independent Electoral and Boundaries Commission, the Court of Appeal has sealed gospel artist Reuben Kigame’s fate (IEBC).
After hearing arguments yesterday, Justices Wanjiru Karanja, Francis Tuiyott, and Hellen Omondi ruled that the IEBC had persuaded them that the August 9 presidential election would be postponed if Kigame was allowed to be on the ballot.
The judges believed that the commission had also persuaded them that it had a case, even if a judge could order consideration of a candidate with fewer than the required 48,000 signatures even if the Constitution did not allow it.
“We had no difficulty concluding that the appeal is debatable, particularly whether the learned judge can amend the Constitution by judicial edict.” We also considered the financial implications and the impact on the country if the election was postponed. “The Application is for allowing,” said Justice Karanja, who read the ruling on the bench’s behalf.
She stated that the court will issue a detailed decision on Friday. In this case, the IEBC has stated that it may be forced to move elections forward if Kigame is included on the presidential ballot paper.
Simultaneously, the IEBC claimed that it will spend an additional Sh971 million to reprint ballot papers and reconfigure 55,650 Kiems kits.
“The list of supporters referred to by the court 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,” the Wafula Chebukati-led commission stated.
According to the IEBC commission, it is impossible to make changes because the necessary funds can only be obtained after 30 days, despite the fact that the elections are only 13 days away.
According to Justice Mrima, the Parliament should pass legislation that allows people with disabilities to fully participate in politics.
The judge, however, denied Kigame’s request to compel the IEBC to include him on the ballot. He claimed that doing so would be stretching the court’s mandate. According to Justice Mrima, only the IEBC can decide whether or not he will be on the ballot.
“This court is satisfied that, due to disability and the petitioner’s efforts, as well as the signatures collected and delivered to the respondent. “The petitioner shall not be disqualified based on the signatures,” the judge ruled.
Kigame had accused the electoral commission of being biased and unjust. He claimed that the commission had given presidential candidates more time to submit their signatures and at least 2,000 copies of voter identification cards from majority counties, only to reject his.
The gospel singer claimed that the IEBC was unjust to disabled people because it had not developed regulations to assist people with disabilities.
“The petitioner has worked hard and met all of the requirements set out in the presidential aspirant’s checklist, only to be denied the opportunity to present the said booklets, which have cost him time and money.” “The IEBC failed to provide the petitioner with access materials and devices to overcome limitations imposed by his disability, as required by the constitution,” he said.
Kigame, according to lawyer John Khaminwa, attended the presidential candidate pre-nomination meeting.
The IEBC chairman agreed to give presidential candidates two more days to get their signatures and ID copies in order. This occurred on May 23.
Kigame stated that he presented his signatures at the Bomas of Kenya six days later, but the commission refused to accept them.
“The petitioner’s materials were shockingly not received,” Khaminwa said.
