Presidential, gubernatorial running mates win big as photos to appear on ballots

Justice Anthony Mrima

Justice Anthony Mrima who on June 29, 2022 ordered the electoral commission to include photographs of the presidential and governorship running mates on the ballot papers pending determination of a suit filed by a city lawyer.

Photo credit: File | Nation Media Group

The High Court has ordered the electoral commission to include photographs of the presidential and governorship running mates on the ballot papers pending determination of a suit filed by a city lawyer.

Justice Anthony Mrima issued the temporary order yesterday after rejecting a request by the Independent Electoral and boundaries Commission (IEBC) to suspend the implementation of the ruling.

The Commission wanted the ruling stayed pending filing of an appeal at the Court of Appeal.

“Pending the hearing and determination of the petition, the IEBC will include the photograph or image of the persons who were nominated as Deputy Presidents and Deputy Governors in the ballot paper to be used in the General Election to be held on August 9, 2022,” said the judge.

“Since printing is yet to begin, the IEBC can still comply with the order of the court. It is for this reason that the application for stay is declined,” he stated.

Should the petition sail through, it will be the first time deputies’ pictures will be on the ballot paper under the Constitution 2010.

Non-affected positions

In refusing to suspend the order, the judge said that although the printing of ballot papers is scheduled to start today (Thursday), there was no reason why printing for non-affected positions could not proceed.

The court indicated that IEBC can leave the aspirants affected by the case and proceed in printing the ballot papers of the other aspirants, who are the majority. The Raila Odinga-led Orange Democratic Movement is listed as an interested party in the suit.

In the petition, lawyer Mugambi Imanyara says exclusion of running-mates’ images from the ballot papers violates Article 27 of the Constitution on equality and freedom from discrimination.

“Photographs of all candidates who vie for elective positions on joint tickets play a major role in persuading voters into voting leaders of their choice,” says Mr Imanyara.

The case will be heard on July 14, 2022.

Welcome!

You're all set to enjoy unlimited Prime content.