Reuben Kigame’s confidential Presidential Election Petition

After Presidential aspirant Reuben Kigame was locked out of the race by the Independent Electoral and Boundaries Commission, saying Chair Wafula Chebukati told him that he had failed to meet the requirements for presidential candidates now is has filed an election petition.

He fell short of the 48,000 copies of identity cards from at least 24 counties which was a requisite condition for independent aspirants seeking to run for the top job.

In his petition, the aspirant argues that IEBC deprived him and other independent candidates in the country of their civil and political rights.  “It is quite apparent that the denial by the respondents (IEBC) to have the petitioner on the presidential ballot was unfair, unreasonable, baseless and unfounded, despite his determined efforts.” reads an excerpt in his petition.

Kigame accused IEBC, the first respondent in the petition, of declining to clear independent candidates despite a High Court ruling that ordered the inclusion of Kigame on the ballot.

IEBC appealed the decision at the Court of Appeal, citing limited time for its preparations for the election that was less than a month away.  The commission also contested the ruling on the grounds of article 137 of the Constitution which requires an independent candidate to be nominated by not fewer than 2,000 voters in each of the majority counties.

In his argument, Kigame accuses the IEBC of conducting an unfair nomination process and, as such, contravening the provisions of the constitution on political rights.

He referred to the 2017 presidential petition ruling that held that an election is a process and, as such, illegalities in the nomination stages could lead to the nullification of the election.

“It is therefore manifestly clear that the Presidential Election nomination and clearance process by the Respondents was shrouded in illegalities, irregularities, mischief, and unfairness,” the petition reads in part.  “This Honorable Court has ruled in the precedent of Rails Odinga Petition 2017 that an election is not an event but a process,”

Kigame further faults the electoral commission for disregarding provisions of the Constitution and other statutes on persons living with disabilities.  In his prayers, the petitioner has requested the seven-judge bench to execute its mandate to observe, promote, protect and fulfill the fundamental rights as entrenched in the Bill of Rights.

The former aspirant remembers the experience when he was seeking clearance saying how the IEBC chairman mistreated him by writing him an email in the middle of the night outside the official working time schedules without having a sit-down and hearing him out.

“One of the officials asked me to wait for the chairman in the lobby but was later told he left. Strangely, someone from the commission asked me for my email and I gave it to them. I did not know what was coming,” Kigame said.

He further decried the massive resources and time invested by the independent candidates in campaigning and preparing for the campaigns, and now likely to go to waste should the court fail to act.

The petition is among the nine applications filed on Monday, August 22 contesting the declaration of William Ruto as the president-elect.  The petitions will be heard and determined by Chief Justice Martha Koome-led’s bench with the final verdict expected to be issued on September 5.