UDA challenges court decision on use of manual voters register
United Democratic Alliance secretary-general Veronica Maina.
Deputy President William Ruto’s party UDA has moved to the Court of Appeal seeking to suspend last week’s ruling directing the electoral body to use manual register to identify voters in August 9, General Election.
The party through its secretary general Veronica Maina says the integrity of the General Election is likely to be compromised by the possibility of misuse of the manual voter register during elections.
She claims a manual register lacks safeguards of enhancing the credibility of elections.
“Pending the hearing and determination of the intended appeal this honourable court be pleased to grant temporary orders staying the entire judgement delivered,” Ms Maina said in an affidavit. The court will rule on the application later.
The United Democratic Alliance (UDA) says it is dissatisfied with the said decision made by the High Court on August 4, and intends to lodge an appeal.
The party says the decision is likely to be enforced before the appeal is determined. It is the party’ contention that the decision makes the use of a manual register a primary mode of identification of voters.
And if so, the decision is legally unsound and contrary to the law in that it dilutes and or amends the mandatory provisions of Section 44 of the Elections Act, which dictates that identification of voters is to be done electronically.
Last resort
Further, lawyer Elias Mutuma says the decision overturned the Court of Appeal decision rendered in 2017 where it was held that deployment of a manual register must be a measure of last resort upon complete failure of the KIEMS Kit.
“That there is an apparent and real likelihood of a serious conflict and confusion in terms of enforcement and implementation of law pertaining the mode of identification of voters during the forthcoming General Election considering that the impugned decision directs IEBC to use a manual register concurrently with the electronic register while the Court of Appeal ordered that IEBC to use the printed register of voters only in instances where the KIEMS kits completely fail with no possibility of repair or replacement,” Ms Maina says in an affidavit.
