- Kigame said Chebukati wrote him an email informing him that he had failed to meet the threshold.
- He argues that IEBC failed to develop regulations that would accommodate people living with disability such as braille
Image: WILFRED NYANGARESI
Presidential aspirant Reuben Kigame has asked the court to compel IEBC to clear him.
Kigame is among presidential aspirants whose nominations have been rejected by the Independent Electoral and Boundaries Commission for failing to meet the requirements to run.
Kigame on Monday last week told a press conference that IEBC chairman Wafula Chebukati wrote him an email informing him that he had failed to meet the threshold.
On Tuesday, the aspirant through his lawyer John Khaminwa filed an application in the High Court to have IEBC and Chebukati compelled to clear him.
As the IEBC chairman, Chebukati is the official returning officer of the presidential election.
Kigame has named both IEBC and Chebukati as respondents. Attorney General Kihara Kariuki has been named as an interested party.
Kigame's candidature was rejected by IEBC because of insufficient signatures of supporters among other documents.
"An order is issued to compel the respondents to accept the list of supporters and other documents in the presidential checklist of the petitioner pending the hearing and determination of this application," Kigame says in his petition.
He has also prayed for orders stopping IEBC from processing the papers for presidential candidates pending the determination of the case.
The electoral agency had by Monday cleared only four candidates to run for president.
They include opposition chief Raila Odinga who is running on the Azimio la Umoja One Kenya Coalition and Deputy President William Ruto who is running on the UDA party ticket.
Others are Geoge Wajackoyah of Roots Party and Wahiga Mwaure who is running on the Agano ticket.
A total of 55 aspirants had expressed interest in the presidential race.
Among those whose nominations have been rejected are Akuro Aukot of the Thirdway Alliance Party, Jimi Wanjigi (Safina) and Walter Mongare of Umoja Summit Party, whose earlier clearance was on Monday revoked by Chebukati.
On Tuesday, the hopefuls accused Chebukati of using regulations to unfairly lock them out of the race.
"Chebukati and the team will read the law as it is convenient to them. They will use regulations to sieve out those they don't want to be on the ballot," Kigame said.
He was speaking at Safina headquarters in the company of Wanjigi and Aukot.
Kigame said he felt discriminated against by the IEBC.
He said the Constitution of Kenya 2010 allows anyone who qualifies to run for the presidency to do so without any impediments.
Chebukati had on Monday said aspirants who were locked out had failed to meet all the legal requirements.
He said some failed to submit the requisite number of signatures, photocopies of IDs of their supporters or failed to provide their academic documents.
"Kenyans are aware that I do not appear in the list of the four (who have been cleared) and I do not even appear in the list of those who are disqualified," Kigame said.
"Chebukati and his team treat me like a non-entity. They treat me as an accident.
"We will not be silenced. I'm here for the long haul to represent people with disabilities."
In his petition, he said his constitutional rights have been violated.
He argues that IEBC failed to develop regulations that would accommodate people living with disability such as braille and any other form of communication.
"The petitioner as a person living with disability has not been treated with dignity and respect but has instead been treated in a demeaning manner."
(Edited Tabnacha O)