IEBC relief as court stays orders in Kigame suit
The Court of Appeal yesterday temporarily suspended a decision by the High Court directing the electoral commission to clear Reuben Kigame to contest for the presidency in next week’s General-Election.
A ruling by a three-judge Bench of the appellate court, on Thursday, issued an interim stay of execution of the judgment rendered by Justice Antony Mrima on July 18, 2022 compelling the Independent Electoral and Boundaries Commission (IEBC) to receive Kigame’s presidential nomination papers.
Sunday deadline
“We have considered all the submissions by all parties in this matter and we therefore direct that no further execution of the High Court judgment until the hearing of this matter, “ ruled judges Wanjiru Karanja, Hellen Omond and Francis Tuiyott.
The judges adjourned the hearing of the appeal by the IEBC to Monday after Kigame’s lawyers led by John Khaminwa sought three days to file their grounds of opposition in the matter.
Kigame has been granted until Sunday to file all his pleadings in the matter ahead of the hearing of the appeal the following day.
“ We are in agreement that this matter is of great public interest and parties need adequate preparedness. We appreciate the timelines for three days to allow Kigame to prepare for the matter,” the Judges said.
Commission appealed
The new development comes after the Commission appealed the decision by Justice Mrima who ordered the electoral body to accept Kigame’s presidential nomination papers regardless of a deficit in signatures presented.
In the appeal, the electoral body argued that Kigame failed to meet the 48,000-signature requirement which they insist is a constitutional requirement according to Article 137 of the constitution, therefore his nomination was invalid.
On July 18, Justice Mrima ruled that IEBC violated Kigame’s rights by disqualifying him from the August 9 contest.
Chebukati challenges the decision on grounds that the ruling presents a number of legal and practical challenges, that will make it impossible for IEBC to review the aspirant’s nomination and subsequently clear him to run for the presidency.
“The Court was of the view that Kigame demonstrated exemplary effort in complying with the requirements, and that the list of supporters he presented would suffice. Accordingly, he ‘shall therefore not be disqualified on account of an insufficient number of signatures of his supporters,’” IEBC says.
Yesterday’s orders will come as a relief to the electoral body which had said that it will require Sh971 million to re-draft the presidential ballot in order to include Kigame’s name.
Chebukati had in a statement on Wednesday revealed that the range of steps and processes required to give effect to the judgment may jeopardise the holding of presidential elections.
