IEBC's decision to abandon manual register is illegal - Court
The High Court has revoked a decision by
the Independent Electoral and Boundaries Commission (IEBC) not to use the
manual voter register in the August 9, elections.
In a ruling on Thursday, High Court Judge
Mugure Thande said that the reasons given by the commission that the printed version
maybe manipulated is not enough, adding that the desicion was drastic since technology
can also be manipulated.
"The decision by IEBC via a letter
dated June 10,2022 stating that the first respondent shall not use the manual
register voter in the general elections of Tuesday 9 2022 is unconstitutional
and the said decision is hereby quashed," the court ruled.
The court further directed the commission to
take all necessary steps to ensure that the petitioners and citizens’ rights
under the constitution are observed and respected.
Additionally, the commission was directed
to ensure administrative arrangements are made in order not to deny an eligible
citizen the right to vote in the upcoming elections.
The judge said there might be risks of the
KIEMs kit failing, hence prejudicing the rights of an eligible voter.
Several lobby groups had filed a petition
to challenge IEBC’s decision to use the KIEMS kit only in identifying voters.
The petitioners argued that the technology
is susceptible to failure and relying on it may disenfranchise some voters if
the kits do not work.
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