Tracking Number: E6XP2022
Number: COACAPPL/E241/2022
Citation: Independent Electoral And Boundaries Commission VS Free Kenya Initiative AND Office Of The Registrar Of Political Parties AND 6 Others.

  • FreeKenya led the 2022 independent candidates and Presidential Candidates to oppose electoral regulations (Imposing the need to photocopy ID cards among other requirements) which FreeKenya Movement felt were discriminatory. In a judgement delivered on consolidated Petition E160 of 2022 on the 5th of July, the High Court agreed with the Petitioners. However IEBC gave a notice of appeal and moved to Court of Appeal and successfully argued for Application E241 of 2022 to have the High Court judgement Stayed, pending their appeal.

However, IEBC did not file an appeal and used the Stay to block a huge lot of independent and Presidential Candidates of 2022 from the ballot. The matter comes up this month of April 2024 at a date yet to be determined by the Court of Appeal judges appointed by the CoA president, after FreeKenya wrote to the CoA president to expedite the matter as extremely urgent as there is need for the High Court judgement over Petition E 160 of 2022 to be rainstated and become part and parcel of electoral processes on going on the county I’m preparation for 2027 such as re-constitution of the IEBC and especially on matters to do with Independent candidates.

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