The High Court Judge, Judge Antony Mrima, ruled that the Electoral and Independent Borders Commission (IEBC) violated the constitution when it cleared the four presidential candidates.
This means that candidates who have already been exonerated did not undergo a law-approved trial and were illegally exonerated in a procedure contrary to the constitution.
The court says it is against the law to ask candidates to provide their identity documents. Requesting those documents means that the IEBC has gone against the Data Protection Act and Articles 38, 83 (3) and 137 of the Kenyan constitution. Requiring applicants to present their identity documents was against the law.
In the appeal filed by Ekuru Aukot, Mr. Aukot, who is the defendant in this case, claims that the IEBC did not initiate the process in the correct way. Aukot says the process was subjective and led the aspirants through a process that is unnecessary in the law. It is through this ruling that Aukot wants what the IEBC is doing to be stopped before the problem can be resolved.
Aukot is one of those presidential aspirants whose dreams have been crushed by the electoral body for failing to meet the requirements. Aukot threatened to sue the commission for treating presidential candidates differently.
According to Aukot, some candidates were given special treatment while others were harshly treated and rejected without carefully examining the documents submitted to the committee.