The Independent Electoral and Boundaries Commission (IEBC) has moved to the Court of Appeal seeking to overturn a High Court ruling directing the commission to review Reuben Kigame’s presidential nomination papers.

High Court Judge Anthony Mrima ruled on Monday, July 18, that IEBC violated the aspirant’s rights by disqualifying him from the August 9 contest.

But in a statement on Wednesday, July 20, IEBC Chairman Wafula Chebukati said 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.

According to the electoral body, the Dispute Resolution Committee had considered a complaint filed by Kigame regarding the nomination process and upheld the decision of the Returning Officer that the aspirant failed to comply with the requirements for registration of presidential candidates.

IEBC said the aspirant did not meet the requirement to be ‘…nominated by not fewer than two thousand voters from each of a majority of the counties.’

“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 insufficient number of signatures of his supporters,'” IEBC added.

This, however, Chebukati noted, goes against Article 137 of the Constitution which 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”.

“Requirement to be nominated by at least 48,000 supporters is thus a constitutional requirement whose non-compliance renders the nomination papers invalid. In the present case, the decision of the Returning Officer was based on the fact that Mr. Kigame had only presented a list of 1,013 supporters as at 25th May, 2022 which was the set deadline for submission of the list of nominating supporters.

“The Commission has not had sight of any other list of supporters adverted to in the Court’s Judgment and is not aware that the list of supporters was presented before the Honourable Court 2 to enable the Court arrive at the conclusions contained in the Judgment. 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,” he added.

Additionally, IEBC said Justice Mrima’s order poses budgetary and logistical challenges including fresh gazettement of the presidential candidates and inclusion of the new candidate and his running mate on the ballot paper which will require a reprograming of the Candidates Registration Management System (CRMS) for registration and ballot proofing.

“The Constitution sets stringent timelines for the conduct of presidential elections. 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 added.

According to IEBC the cost of printing new ballot papers and rescheduling freight is not less than 8 million euros (Ksh971million), an amount not in the Commission’s budget.

“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 the 9th of August, 2022,” he added.

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

Chebukati further affirmed the commission’s commitment to inclusivity of marginalised groups.

“…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.”

The matter has been scheduled for hearing tomorrow, July 21.