A coalition for Independent candidates has given the Independent Electoral and Boundaries Commission (IEBC) seven days to clear candidates who were disqualified for failing to produce photocopies of the national identity cards.

FreeKenya Movement wants IEBC to clear the Independent candidates after the High Court issued a judgement declaring some parts of Elections (General) Regulations, 2012 unconstitutional.

The organisation was among the petitioners that went to court to challenge the requirement that persons seeking to run for elective positions as independent candidates supply copies of national identity cards of their supporters.

“We are reminding the IEBC that the court pronounced itself that these regulations broke several articles of the Constitution. If they insist that they want to keep defending this law, we shall just wait until the elections are over and nullify them through court and recommend that these officials mentioned above be surcharged for the losses,” chairperson Bob Njagi told the press yesterday at Milimani Law Courts.

The candidates demanded that those that were locked out for failing to produce copies of identity cards should be cleared, failure to which they will sue the commission.

No elections

“We call on IEBC to give a seven-days window for independent candidates disenfranchised by these regulations to present their nomination papers, otherwise there is no elections to speak of with such damning judgement hanging over the polls,” said Njagi.

On Tuesday, Justice Anthony Mrima declared the IDs requirement unconstitutional. He said it violates Article 27 of the Constitution.

According to the judge, once a person is registered as a voter, IEBC retains the particulars of the voters including the details of national identification or passport used in the registration and such details are sufficient to enable the commission ascertain the voter’s registration status.

“The upshot is that the impugned legislation and regulations are in contravention of the Constitution and the Data Protection Act,” ruled the judge.