Appellate court puts brakes on Reuben Kigame's clearance

The Court of Appeal has suspended implementation of a High Court order that directed the electoral commission to clear Reuben Kigame to contest for presidency in the upcoming polls.  

Putting brakes on the implementation of the judgment rendered by Judge Anthony Mrima, the appellate court said the stay order will remain in force pending the hearing and determination of an appeal filed by the Independent Electoral and Boundaries Commission (IEBC).

The hearing was fixed for Monday next week.

"We have considered all the submissions by all parties in this matter and we therefore direct that no further execution of the High Court judgement until the hearing of this matter, " ruled judges Wanjiru Karanja, Hellen Omondi and Francis Tuiyott. They issued the stay order following a request by the IEBC.

The court also granted Mr Kigame three days to file his responses and his pleadings in the matter ahead of the hearing of the appeal the following day.

The new development comes after the commission appealed against the decision by High Court Judge Mrima who ordered the electoral body to receive Mr Kigame’s presidential nomination papers regardless of a deficit in the voters' signatures presented.

In its appeal, the electoral body argued that Mr Kigame failed to meet the 48,000-signature requirement which it insist is a constitutional requirement according to Article 137 of the constitution, therefore his nomination was invalid.