The High Court has quashed the decision of the electoral commission to bar gospel singer Reuben Kigame from contesting the presidency over alleged lack of adequate voters’ signatures to support his bid.
Judge Anthony Mrima also ordered the Independent Electoral and Boundaries Commission (IEBC) to include Mr Kigame on the presidential ballot paper.
The judge said the IEBC and its chairman Wafula Chebukati, the returning officer for presidential elections, erred in law by turning away Mr Kigame.
Rendering a judgment on a petition filed by Mr Kigame, the judge said the IEBC violated the aspirant’s rights by locking him out of the contest.
His lawyer, Dr John Khaminwa, hailed the judge and welcomed the landmark ruling.
“Justice Mrima is rising as a great judge in the African continent. Mr Kigame would be the first blind person to vie for the presidency in Kenya,” said the lawyer.
In the lawsuit filed at the Human Rights and Constitutional Division court, the gospel singer said the IEBC had discriminated against him.
He said the agency failed to consider his personal disability before subjecting him to the rigorous process of clearing presidential aspirants.
Mr Kigame stated that the IEBC had failed to grant him access to materials and devices to overcome constraints arising from his disability as required by the Constitution.
He premised his case on various sections of the Constitution, among them Article 10, which provides that “disabled persons shall be protected against all exploitation, all regulations and all treatment of a discriminatory, abusive or degrading nature”.
The aspirant said the IEBC violated his constitutional rights as a person living with a disability and that its decision amounted to discrimination as he was also denied a hearing.
Contrary to the IEBC’s claim that he did not have adequate signatures, Mr Kigame said he collected enough signatures across the country and presented the booklets to the agency on May 29.
High Court judge Anthony Mrima. He ruled that the Independent Electoral and Boundaries Commission erred in failing to include Mr Reuben Kigame on the presidential ballot paper.
Photo credit: Pool I Nation Media Group
The IEBC had said he was locked out for failing to comply with a law that requires presidential aspirants to present at least 2,000 signatures registered in each of a majority of counties. The requirement is contained in the Elections (General) Regulations.
“The process is massive and the petitioner had to travel in very many counties to collect signatures and copies of national identity cards in the period provided despite his disability,” said Dr Khaminwa.
“Nevertheless the aspirant worked hard and met all the requirements set in the presidential aspirant’s checklist, only to be barred from presenting the said booklets that have not only cost him time, but also a lot of resources,” Dr Khaminwa said.
He said his client obtained signatures from voters in 26 counties and submitted them to the IEBC on May 29. But he was served with a non-compliance letter by email.
“This letter did not disclose details as to how he had not complied, thus pointing to the fact that this denial is arbitrary and a violation of his constitutional and statutory entitlements as outlined,” said Dr Khaminwa.
He also argued that the administrative arrangements developed by the IEBC for the conduct of elections are designed to deny Mr Kigame his rights to stand for election.
“IEBC has not, in any way, extended means to integrate Mr Kigame as a presidential aspirant, and he has been subjected to a vigorous process without due regard to his inability to see and read,” Dr Khaminwa said.
“IEBC has not developed any regulations to accommodate the persons living with disability such as Braille or any other form of communication.”
He said that although the IEBC gave his client special treatment on payment of clearance fees by cutting in half the required sum of Sh200,000, it failed to extend the same spirit of inclusivity and affirmative action to him in the submission of his documents.
“Under Section 11 of the Persons with Disabilities Act, the government is mandated to take steps to the maximum of its available resources with a view to achieving the full realisation of the rights of persons with disabilities,” he said.
“This further buttresses Mr Kigame’s rights and the obligation by the government to ensure that his rights are protected and upheld.”
