𝐖𝐢𝐧 𝐟𝐨𝐫 𝐔𝐃𝐀 𝐚𝐬 𝐂𝐨𝐮𝐫𝐭 𝐨𝐟 𝐀𝐩𝐩𝐞𝐚𝐥 𝐬𝐮𝐬𝐩𝐞𝐧𝐝𝐬 𝐦𝐚𝐧𝐝𝐚𝐭𝐨𝐫𝐲 𝐮𝐬𝐞 𝐨𝐟 𝐦𝐚𝐧𝐮𝐚𝐥 𝐫𝐞𝐠𝐢𝐬𝐭𝐞𝐫
A bench of three judges including Fred Ochieng, Luka Kimaru and Paul Mwaniki Gachoka suspended last week’s decision rendered by the High Court, pending the determination of an appeal filed by William Ruto’s UDA party.
The judges stated that the Independent Electoral and Boundaries Commission (IEBC) should use the directions rendered in a case filed by the National Super Alliance (Nasa) in 2017, where the court ordered the Wafula Chebukati-led commission to use the printed register of voters only in instances where the KIEMS kits completely fail, with no possibility of repair or replacement.
“Upon careful consideration of the appeal, we are of the view that (the) appellant has made a case for the grant of the orders of a stay of the entire judgement delivered on August 4, 2022, pending the hearing and determination of the intended appeal,” the judges said.
The judges gave a short ruling owing to the urgency of the matter and the fact that the general election is scheduled for tomorrow August 9, 2022, but said they will state their reasons for the ruling on August 28.
The United Democratic Alliance (UDA) party, led by Deputy President William Ruto, on Monday, August 8, filed a petition in court contesting the use of manual voter register by the Independent Electoral and Boundaries Commission (IEBC) as ordered by the High Court.
In the petition through lawyer Elias Mutuma, UDA argued that the party is dissatisfied with the decision of the High Court delivered on August 4, directing IEBC to use both the manual and the electronic registers.
The UDA party claimed that the integrity of the polls was at risk of being compromised if the electoral body relied on a manual register.
The commission had previously maintained that it would only use the electronic KIEMS kits on Tuesday, August 9 poll. However, the High Court on Friday, August 5, ordered IEBC to incorporate the manual registers – a directive that they have since complied with.
