IEBC Counters Court Ruling On Reuben Kigame's Presidential Bid

Kigame had submitted a list of 1,013 supporters by that date, which was the set deadline for submission of the list of nominating supporters.

IEBC Counters Court Ruling On Reuben Kigame's Presidential Bid
Presidential aspirant Reuben Kigame. /FILE

The Independent Electoral and Boundaries Commission (IEBC) has filed an appeal against a High Court ruling allowing presidential aspirant Reuben Kigame to submit his credentials for approval.

In a statement by the commission dated Wednesday, July 20, the Wafula Chebukati-led commission claimed that Kigame did not submit the constitutional requirement of 48,000 supporters from at least 24 counties as of May 25, 2022, as required by the law.

Kigame had submitted a list of 1,013 supporters by that date, which was the set deadline for submission of the list of nominating supporters.

Independent Electoral and Boundaries Commission chairman Wafula Chebukati (centre) addresses journalists at the Bomas of Kenya on June 20, 2022. /DAILY NATION

It added that the judgment delivered by Justice Anthony Mrima, which decreed that the Disputes Resolutions Committee (DRC) had violated Kigame's rights, presents a slew of legal and practical challenges.

"The requirement to be nominated by at least 48,000 supporters is thus a constitutional requirement whose non-compliance renders the nomination papers invalid. The list of supporters referred to by the Court has not been presented to the Commission nor has it been analysed to determine whether the listed nominating supporters meet the prescribed numbers and are registered voters as required," read the statement in part.

The IEBC warned that by adding Kigame to the ballot, it risked endangering the chances of the general elections taking place on Tuesday, August 9, 2022. It specified the series of steps such as:

1. Fresh gazettement of the presidential candidates;

2. Inclusion of the new candidate and his running mate on the ballot paper will require a reprogramming of the Candidates Registration Management System (CRMS) for  registration and ballot proofing;

3. Reprograming of the Results Transmission System (RTS) to include Kigame and his running mate.

4. Recalling and reprograming all the 55,650 KIEMS kits to be used in the 47 Counties and the Diaspora which will have to be reconfigured.

5. The printer of the ballot papers will have to redesign the printing template to include the new candidate and his running mate.

6. The reprinting, repackaging and eventual rebooking and rescheduling of flights to deliver the pallets to the central warehouse which the printer confirms will not be possible in time for the general elections slated for August 9.

7. The cost of printing new ballot papers and rescheduling freight is not less than eight (8) million euros (approximately Ksh971 million), an amount that is not in the Commission’s election budget.

8. The said processes, subject to the availability of the budget, require a minimum of thirty (30) days with nineteen (19) days to go to the general election.

"The Commission is committed to inclusivity of marginalized groups including women, persons with disabilities, youth, ethnic and other minorities, and marginalized communities. However, the Commission firmly believes that reliefs granted to any special category of Kenyans should be governed and provided for within the Constitution, election laws, and timelines thereof," added IEBC

The Court of Appeal has issued directions and the matter will be heard on Thursday, July 21.

Kigame, a presidential aspirant, had moved to court seeking orders to stop the IEBC from processing the credentials of the other candidates.

He also blamed the commission for violating the Chebukati-led commission despite being a person living with disability.

Reuben Kigame with presidential running mate Irene Ngendo Kamau. /TWITTER