Three reasons why IEBC has appealed a court ruling on Reuben Kigame

The Independent Electoral and Boundaries Commission (IEBC) has moved to appeal a recent order from the High Court that instructed IEBC to once again review Paul Kigame's presidential nomination papers.

According to the electoral commission, the court order presents a number of legal and practical challenges why the move will jeopardise the holding of presidential elections on August 9, 2022.

One of the legal reasons cited is the failure for Kigame to comply to Article 137 of the Constitution that 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".

The independent candidate had only presented a list of 1,013 supporters as at May 25, which was the set deadline for submission of the list of nominating supporters.

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The commission further highlighted the courts' inability to present the list of supporters who claim to have nominated Kigame as their official presidential candidate.

"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," stated IEBC.

The final legal reason stipulated by the commission includes a number of steps and procedures that had already been followed to ensure that the election gets underway in about 19 days.

According to the Wafula Chebukati-led commission, these steps can not be repeated as they risk delaying or in the worse case postponing the elections if repeated again.

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The steps required include:

a) Fresh gazettement of the presidential candidates;

b) 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;

c) Reprograming of the Results Transmission System (RTS) to include the candidate and his running mate;

d) Recalling and reprograming of all the 55,650 KIEMS kits to be used in the 47 Counties and the Diaspora which will have to be reconfigured;

e) The printer of the ballot papers will have to redesign the printing template to include the new candidate and his running mate;

f) 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 August 9.

g) The cost of printing new ballot papers and rescheduling freight is not less than eight million euros (Sh971million). This amount is not in the Commission's election budget.

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

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