Relief for presidential candidates as court outlaws some IEBC rules

May 26, 2017 3:18 pm
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This follows a decision by the High Court to nullify sections of the Elections Act and requirements by the commission while submitting their nomination papers/FILE

, NAIROBI, Kenya, May 26 – Presidential candidates will not be required to comply with some rules set by the Independent Electoral and Boundaries Commission (IEBC) in order to vie in the August General Election.

This follows a decision by the High Court to nullify sections of the Elections Act and requirements by the commission while submitting their nomination papers.

Judge George Odunga Friday barred the Wafula Chebukati led commission from rejecting nomination signatures lists of 2000 supporters unless submitted in Excel format.

According to the judge, the requirement is unconstitutional.

The judge however refused to issue a blanket order directing IEBC to acknowledge receipt and accept the submitted signatures of the persons who have nominated petitioner Peter Solomon Gichira.

Also nullified is a section of the Elections Act that requires that persons who nominate an Independent Presidential candidate shall not be members of any political party.

Similarly the judge set aside section 29(1) of the Elections Act that requires the persons who nominate a Presidential candidate be members of the candidates’ political party saying it contravenes the Constitution.

The judge in his findings declared that IEBC went overboard and purported to unlawfully and unjustifiably restrict or limit the rights of the Presidential candidates under the Constitution.

“I find that the said requirement does not meet the fairness and reasonability test as provided for under the Constitution,” he ruled.

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