IEBC violated the law by asking independent presidential candidates to provide copies of identification cards of their supporters during their clearance,the High court has ruled .
The High Court yesterday found the requirement as unconstitutional.
Justice Anthony Mrima ruled that the requirement was not justified and infringes Article 27 of the constitution.
Justice Mrima said that IEBC retains particulars of a person once they have been registered as a voter.
He added that IEBC retains voters details including National Identification or Passport details used in the registration.
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The judge said such details are sufficient to enable the commission to ascertain the voter’s registration status.
“The upshot is that the impugned legislation and regulations are in contravention of the constitution and the Data Protection Act,” ruled the Judge.
Justice Mrima issued the verdict in four petitions filed challenging parts of the Elections (General) Regulations, 2012.
Independent presidential aspirant Reuben Kigame was among the petitioners who moved to court to challenge the requirement.
IEBC refused to clear Kigame after he failed to present enough signatures and ID copies of his supporters from at least 24 counties.
The commission is yet to respond to the ruling
