The United Democratic Alliance(UDA) party has filed an appeal against a High Court decision that allowed IEBC to use manual registers on polling day.
In an application certified as urgent before the Appellate court, UDA wants the court to issue a temporary order staying the entire judgement issued last week by High Court Judge Murage Thande
Justice Thande had quashed a decision by IEBC to scrap use of manual registers during polling day
“That pending the hearing and determination of the intended appeal this honourable court be pleased to grant temporary orders staying the entire judgement delivered on August 4, 2022, in Petition E306 of 2022,” UDA states in its court papers.
UDA lawyer Elias Mutuma says the implementation of the decision is likely to be enforced tomorrow if the court does not intervene.
“That the said decision now makes the use of a manual register as a primary mode of identification of voters hence the same is prima facie 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,” UDA says.
Last week, the High Court said IEBC’s decision to rely on the electronic system only was unconstitutional.
“With the IEBC decision not to use the printed voter register, there is a real risk of disenfranchising eligible voters. This court must therefore step in through its supervisory powers to ensure that the IEBC though independent operates subject to the law,” the judge ruled.
The judge further said that the IEBC’s decision could have voters’ constitutional rights violated.
“A declaration is issued that the decision of IEBC and its Chairman signified under a letter dated June 10, 2022, stating that the commission shall not use the manual register of voters in general elections is unconstitutional and the said decision is quashed,” Justice Thande added.
The court of appeal is expected to make its ruling onthei evening.