Safina Party leader Jimi Wanjigi has suffered a blow after the High Court declined to grant orders preventing the IEBC from printing ballot papers on Thursday.
Justice Jairus Ngaah dismissed Wanjigi’s application saying no case had been made to warrant prevention of the printing of ballot papers for the August 9 general election.
“In these circumstances and based on material before me I find that there is no case that has been made out for me to grant the leave to operate as stay,” the judge ruled.
The judge said he had exercised his discretion in denying the orders sought by Wanjigi in dismissing the case.
Wanjigi wants his name included on the ballot papers for the August presidential polls.
IEBC through its lawyers put up a spirited fight to convince the court not to stop the printing of the ballot papers.
Lawyer Moses Kipkogei argued that it would be prejudicial to the commission in terms of the operations necessary for the conduct of operations and smooth running of the August polls.
“If orders are given, it will affect the coming polls because on August 9 at 6am, all polling stations must be opened,” Kipkogei said.
Justice Ngaah had asked Kipkogei to explain what would happen if the printing was stopped for one day.
“Wouldn’t it be easier to hold the printing of the ballot papers? What if I find that he should be included in the ballot and they have already been printed,” the judge posed.
Kipkogei said the commission has electoral timelines cast in stone and so granting Wanjigi the orders will leave them in a very difficult situation.
On June 6, 2022, Wanjigi was denied clearance by the Independent Electoral and Boundaries Commission for failing to meet the requisite signatures and failure to submit copies of IDs of supporters who endorsed his presidential bid.
Chairman Wafula Chebukati also said Wanjigi attached transcripts of his education contrary to the regulations which require candidates to submit a degree certificate from a recognised institution in the country.
