Photo: ICC-CPI

Late Makueni Senator Mutula Kilonzo and ICC Judge Joyce Aluoch

The High Court has ruled that the Makueni by-election shall proceed as scheduled with Wiper party candidate Mutula Kilonzo Jnr.'s name imposed on the already printed ballot papers.

The Cord coalition had filed a case at the court to compel the IEBC to have its candidate's name on the ballot papers. Cord filed the petition yesterday after it emerged that Kilonzo Junr's name does not appear on the ballot papers already prepared by the IEBC.

The commission had been considering the options available to it which would include manually adding Kilonzo Junior's name on the ballot paper as the printers, Smith and Ouzman said they are unable to print and deliver the amended ballot papers before the by-election scheduled for this Friday.

While making his submissions during the hearing today, Cord's lawyer James Orengo said its candidate will be "prejudiced" if his name does not appear on the ballot just like other candidates. He said the IEBC should abide by a High Court ruling delivered last week allowing the Wiper Democratic Movement to pick another candidate after it ruled that the party's initial candidate Kethi Kilonzo could not vie, by printing rather than embossing Kilonzo Junior's name. Kethi's nomination had been revoked after the court had ruled that it she was not a registered voter. The court however ruled that the party was unaware of her registration status hence allowing Wiper to nominate another candidate.

Orengo said if the IEBC is allowed to manually add Kilonzo Junior's name the commission will be undermining the authority of the High Court. He further said that it will raise questions over whether the ballot is valid.

Kimani Muhoro lawyer for IEBC said however that the commission left a column for the Wiper party's candidate stating that his name and picture will only be added manually after which the ballot papers will be printed a fresh.

He further said that the colour and picture quality of will be no different and therefore Kilonzo will not be prejudiced. Muhororo said the IEBC notified Wiper about the issue in good faith but not because there will be any difference between Kilonzo's name and piture and that of other candidates.