Court finds ID copies rule for aspirants illegal

The High Court yesterday found the requirement by the electoral agency to all persons seeking to vie in various electoral positions as independent candidates to supply copies of national identity cards of their supporters to the Independent Electoral and Boundaries Commission (IEBC) as unconstitutional.

Justice Anthony Mrima ruled that the requirement against the independent candidates is not justified and infringes Article 27 of the constitution.

The Judge argued that 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.

The Judge issued the verdict in four petitions filed challenging parts of the Elections (General) Regulations, 2012. The petitions which were later consolidated were filed by 18 petitioners.