It will cost extra Sh1bn to include Kigame on ballot papers, IEBC says

The electoral agency has appealed against a High court ruling that quashed its decision to bar gospel singer Reuben Kigame from contesting the presidency.

The Independent Electoral and Boundaries Commission (IEBC) argues that the move could jeopardise the holding of presidential elections on August 9, barely 19 days from today.

IEBC chairman Mr Wafula Chebukati says the move could cost the commission at least Sh971 million in printing new ballot papers and rescheduling freight, an amount that is not in the commission’s budget.

“The cost of printing new ballot papers and rescheduling freight is not less than eight (8) million euros (approximately Sh 971million). This amount is not in the Commission’s election budget,” Mr Chebukati said in a statement Wednesday.

Read:Court orders IEBC to include Reuben Kigame on presidential ballot

He noted that the Constitution sets stringent timelines for the conduct of presidential elections, noting that the range of steps and processes required to give effect to the judgment may severely jeopardise the holding of presidential elections on the scheduled date.

Mr Chebukati noted that the series of steps required to have Mr Kigame on the ballot include; fresh gazettement of the presidential candidates and inclusion of the new candidate and his running mate on the ballot paper.

Fresh process

“This will require a re-programing of the Candidates Registration Management System (CRMS) for registration and ballot proofing,” he said.

Mr Chebukati also disclosed that the fresh process would also mean re-programing of the Results Transmission System (RTS) to include the candidate and his running mate as well as recalling and reprograming of all the 55,650 Kiems kits to be used in the 47 counties and the diaspora which will have to be reconfigured.

“The printer of the ballot papers will have to redesign the printing template to include the new candidate and his running mate.”

The reprinting, repackaging and eventual re-booking and rescheduling of flights to deliver the pallets to the central warehouse, he said, the printer had confirmed will not be possible in time for the General Election.

He said the process of printing new ballot papers and rescheduling freight, subject to availability of the budget, require a minimum of thirty (30) days, “yet we are at nineteen (19) days to the general election.”

Also read: Kigame, Aukot call for elections boss to resign

The High Court had on Monday quashed the decision of the electoral commission to bar Mr Kigame from contesting the presidency over alleged lack of adequate voters’ signatures to support his bid.

Judge Anthony Mrima also ordered IEBC to include Mr Kigame on the presidential ballot paper.

The judge said the IEBC and its chairman Mr Chebukati, the returning officer for presidential elections, erred in law by turning away Mr Kigame.

But on Wednesday, Mr Chebukati insisted that Article 137 of the Constitution requires a candidate for a presidential election to be “nominated by not fewer than two thousand voters from each of a majority of the counties,” a condition, he says Mr Kigame did not meet.

“The requirement to be nominated by at least 48,000 supporters is thus a constitutional requirement whose non-compliance renders the nomination papers invalid.

Marginalised groups

“In the present case, the decision of the Returning Officer was based on the fact that Mr Kigame had only presented a list of 1,013 supporters as at May 25, 2022 which was the set deadline for submission of the list of nominating supporters.”

He noted that the Commission is committed to inclusivity of marginalised groups including women, persons with disabilities, youth, ethnic and other minorities, and marginalized communities.
“However, the Commission firmly believes that reliefs granted to any special category of Kenyans should be governed and provided for within the Constitution, election laws, and timelines thereof,” Mr Chebukati said.

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