The High Court in Nairobi has ordered the electoral agency to look at gospel artiste Reuben Kigame’s application to determine whether he should be in the presidential race.
Justice Anthony Mrima yesterday found that the Independent Electoral and Boundaries Commission (IEBC) had treated Kigame unfairly based on his disability.
According to the judge, the artiste’s efforts to gather signatures and present his academic papers were more than enough effort to have him considered for clearance. The court was of the view that he could not be treated as other candidates who have no impairment.
Justice Mrima said there is need for Parliament to enact a law that enables persons with disabilities to fully participate in politics.
The judge however rejected Kigame’s prayer to compel IEBC to have him on the ballot. According to the judge, this would amount to overstretching the court’s mandate. The judge said that it is only IEBC that can decide whether he will be on the ballot or not.
“The manner in which it dealt with the petitioner’s disability was unfair, unreasonable and irrational. The petitioner has proved that the decision was not in accordance of the law. The Dispute Resolution Committee affirmed the respondent’s (IEBC) decision because the signatures were filed out of time.
“This court is satisfied that on account of disability and the effort by the petitioner and the signatures collected and are with the respondent. The petitioner shall not be disqualified on the basis of the signatures,” said Justice Mrima.
In the case, Kigame accused the electoral commission of bias and unfairness.
He argued that the commission had extended the time for presidential candidates to table their signatures and at least 2,000 copies of voters identification cards from majority counties only for it to allegedly reject his.
The singer argued that IEBC is unfair to disabled persons, as it has not developed regulations to assist persons with disability such as braille or any other form of communication.
“The petitioner has worked hard and has met all the requirements set in the presidential aspirant’s checklist, only to be barred from presenting the said booklets that have cost him time and a lot of resources. IEBC failed to grant the petitioner access materials and devices to overcome constraints arising from his disability as required by the constitution,” said Kigame.
According to his lawyer John Khaminwa, Kigame attended the pre-nomination meeting for presidential candidates.
According to him, IEBC chair Waful Chebukati agreed to add presidential aspirants two more days to have their signatures and copies of IDs in order. This was on May 23.
Six days later, Kigame said he presented his signatures at Bomas but the commission declined to receive them.
“Shockingly, the petitioner’s materials were not received,” said Khaminwa.
In his court papers, Kigame claimed that he waited until 10pm.
