Kigame Loses In Bid To Get Into Presidential Race
The commission added that the judgment which decreed that the Disputes Resolutions Committee (DRC) had violated Kigame's rights...
Marvin Chege 
The Court of Appeal has suspended a High Court order which compelled the Independent Electoral and Boundaries Commission (IEBC) to clear Reuben Kigame to contest the presidency in the August 9 general elections.
The Appellate Court revealed on Thursday, July 21 that the stay order will remain in force pending the hearing and determination of a counter-appeal filed by the IEBC.
"We have considered all the submissions by all parties in this matter and we therefore direct that no further execution of the High Court judgement until the hearing of this matter, " ruled judges Wanjiru Karanja, Hellen Omondi and Francis Tuiyott.
The hearing was set for Monday, July 25. The judges had issued the stay order following a request by the IEBC.
Kigame was also given three days to file his responses and his pleadings in the matter ahead of the hearing of the appeal the following day.
The move comes after IEBC appealed against High Court Judge Mrima's decision, ordering the commission to accept Kigame's nomination papers, despite not meeting 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.
The commission added that the judgment 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.
Reuben Kigame with presidential running mate Irene Ngendo Kamau. /TWITTER
