The High Court Quashes IEBC Signature Requirement

The court decision could open door to candidates locked out of the presidential race

With just 33 days left to the General elections, the Independent Electoral and Boundaries Commission (IEBC) faces a fresh hurdle after the High Court declared the regulation requiring presidential candidates to provide copies of their supporters’ ID cards unconstitutional.

The Thirdway Alliance Party Leader Ekuru Aukot had moved to court to protest what he termed a “sham process” of nominating presidential candidates and now what the process repeated.

The case had enjoined close to 18 petitioners who sought to seek clarity on the applicability of the General Elections Regulation 2012, which required all persons seeking to vie in various electoral positions to submit copies of national identity cards of their supporters to the IEBC in seeking registration.

In his ruling on Tuesday, the High Court Judge Anthony Mrima termed the regulation unconstitutional and thus null and void. The Judge ruled that IEBC had access to personal data of all registered voters, including copies and numbers of their national identity cards or passports, and should not have compelled presidential aspirants to supply the same information to ascertain support for their bids.

The court further found that the regulation was inconsistent with the Data Protection Act and aspirants had no legal basis to collect personal details of registered voters.

“The nomination of the four presidential candidates is an illegality. According to the ruling we do not have presidential candidates as we speak.” Dr. Ekuru Aukot

Independent presidential aspirants were required to submit at least 48,000 signatures and copies of identity cards of registered voters as proof of support of their State House bids, for at least 24 counties.

The Presidential aspirants who had been disqualified by the regulation includes Dr. Ekuru Aukot, Reuben Kigame, James Kamau, Jeremiah Nyagah and Njeru Kathangu. They are now demanding the shelving of presidential ballot papers printing and a fresh presidential nomination exercise, to accord all aspirants a level playing field.


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