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Court Terms Clearance of Four Presidential Candidates Unconstitutional

In the news making airwaves now,the Elections (General) Regulation 18c of 2017 has been ruled unconstitutional by the Honorable Justice A C Mrima this afternoon.

This means that the clearance of the four presidential candidates is consequently unlawful, illegal, and null and void.

The Court has ruled that requiring candidates to submit copies of their identification documents violates the Data Protection Act and Articles 38, 83(3), and 137 (1). (d)

The case was filed by Ekuru Aukot. In his appeal, Aukot had asserted that the respondents botched the 2022 presidential election by instituting an unconstitutional subjective selection procedure and adopting Article 137 requirements that exceeded the constitutional threshold.

Aukot had also requested that the court issue a ruling on the subject, arguing that the commission's proceedings should be halted since it violates the constitution.

In the petition, he stated, "It is therefore urgent and essential that this honorable court pronounces itself on the grave constitutional violations listed herein, as to allow the presidential elections to continue after such a flawed process is to commit a coup against the people and the constitution of Kenya."

In addition, he asserts that the commission imposed separate norms and discriminatory treatment to presidential candidates and aspirants.

According to Aukot, the commission handled presidential candidates differently, and Chebukati rejected the applications of some candidates due to insufficient supporter lists and a lack of ID copies.

Aukot also questions the academic credentials of several of the cleared candidates for president. In his appeal, he claims that One Kenya Coalition presidential candidate Raila Odinga was cleared despite having completed only primary school.

https://twitter.com/Thirdway_Kenya/status/1544296448652705794?t=WCi4kM-jfo_3BQIOMrRG3w&s=19

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Aukot Ekuru Aukot Elections Regulation

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