The High Court in Nairobi has ordered the Independent, Electoral, and Boundaries Commission to consider the gospel artist Reuben Kigame’s application for review and approval.
Justice Anthony Mrima yesterday in a court ruling said the commission had treated Kigame unfairly based on his disability.
According to the court, the renowned gospel artist as a person with a disability (visually impaired) should have been treated differently from other able candidates.
The court further acknowledged the artiste’s efforts of availing IEBC requirements, adding that it was enough for him to be cleared because it was not an easy task.
Independent Electoral and Boundaries Commission (IEBC)’s move on barring Kigame from the ballot has been questioned with many terming it as discrimination which is a disadvantage to persons with disabilities.
“The manner in which it dealt with the petitioner’s disability was unfair, irrational, and unreasonable”, stated a petitioner in a statement.
The petitioner has proved that the decision was not in accordance with the law.
The Dispute Resolution Committee affirmed the respondent’s (IEBC) decision because the signatures were filed out of time. 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.
“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.
BY CHACHA TOBIAS