Chief Justice David Maraga photo:courtesy
The electoral commission has been warned against printing ballot papers before petitions arising from party nominations are determined.
Chief Justice David Maraga said disputes over the candidacy of some aspirants cleared by the Independent Electoral and Boundaries Commission (IEBC) must be resolved first to be sure whose image should appear on the ballot papers.
He noted the determination of some of the cases filed in court could end up disqualifying some of the candidates and approving new ones.
“Even this morning, I allocated some of the cases arising from the nominations for hearing. Imagine if IEBC prints the ballot papers with the name of a candidate who is then disqualified.
The ballot papers will be untidy because the commission may be forced to physically stick the image of another candidate,” said Mr Maraga .
The CJ said while the Judiciary was trying its best not to create problems for the IEBC, it had no choice but to proceed with the cases.
“We know these cases may create problems for the IEBC as we strive to clear them but we have no choice but to continue hearing them.”
The CJ also said the Judiciary was ready to hear election petitions, which it said would be dealt with in the set timelines.
“We are looking at what we experienced in the last General Election and we know we will have many petitions. We are ready for them and we expect to do a better job than last time.”
He made the remarks after opening the judges’ colloquium in Mombasa. He said judges would ensure that the best decisions were made.
Political contestation is normal. Parties and candidates are fighting for their positions. When they bring their disputes to us, we decide on the basis of law and evidence presented.”