Appellate Court Pumps Breaks on Kigame’s Clearance to vie for Presidency

A High Court ruling directing the electoral commission to give Reuben Kigame the go-ahead to run for president has been put on hold by the Court of Appeal.

The appellate court stated the stay order will continue in effect while the Independent Electoral and Boundaries Commission’s (IEBC) appeal is heard and decided, halting the execution of Judge Anthony Mrima’s ruling.

The hearing was scheduled for Monday.

“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. 

Read: IEBC Appeals Reuben Kigame’s Inclusion in Presidential Race

In addition, the court gave Mr Kigame three days to submit his responses and legal arguments before the hearing.

In its appeal, the electoral agency listed three major legal barriers that, in its opinion, prevent the court judgment from being implemented.

Due to his failure to secure more than 2,000 signatures from a majority of the counties, the IEBC’s Dispute Resolution Committee (DRC) barred Kigame from vying for the country’s top seat.

According to IEBC chair Wafula Chebukati, the high court judgment poses a number of legal and practical challenges.

Read Also: Win for Reuben Kigame As IEBC Ordered to Accept Nomination Papers

First, that the Constitution requires a candidate for a presidential election to be “nominated by not fewer than two thousand voters from each of a majority of the counties.”

“The requirement to be nominated by at least 48,000 supporters is thus a constitutional requirement whose non-compliance renders the nomination papers invalid,” Chebukati argues.

Second, Chebukati claimed that in order for the court to reach the conclusion it reached, it should have mentioned that a list of supporters was provided to it.

Additionally, Chebukati claimed that because the commission operates under rigorous election deadlines, the court’s decision is time-barred.

Read Also: Wajackoyah, Reuben Kigame Out of Presidential Race

“The range of steps and processes required to give effect to the Judgment may severely jeopardize the holding of presidential elections on 9th August, 2022, being only 19 days from today,” he continued.

He also warned that it would cost the taxpayer an additional Sh971 million to include the name of Kigame on the presidential ballot paper.

Chebukati submitted that the commission does not have the extra budget.

“The cost of printing new ballot papers and rescheduling freight is not less than eight million euros (approximately Sh971 million). This amount is not in the commission’s election budget,” he said.

Read Also: Independent Presidential Candidate Reuben Kigame Names Irene Kamau as Running Mate

“The said-processes, subject to availability of the budget, require a minimum of 30 days, yet we are at 19 days to the general election.”

The 55,650 Kiems kits to be deployed throughout the 47 counties, including the diaspora, will have to be recalled and reprogrammed, said Chebukati.

On Monday, July 18, Justice Mrima ruled that the IEBC must take Kigame’s presidential application into account because the electoral body had violated his rights by removing him from the running without conducting a proper investigation.