This is after Kigame’s lawyer John Khaminwa told the three-judge bench consisting of Justices Wanjiru Karanja, Francis Tuiyott and Hellen Omondi that he had not received the filed appeal papers.
The Appellate Court suspended the execution of the orders issued by Justice Anthony Mrima until Monday 25th when the appeal will be heard.
Kigame’s lawyer told the court that he had not been served by the Independent Electoral and Boundaries Commission.
However, IEBC’s lawyer Eric Gumbo said that he had served the Senior counsel.
Kigame accused the IEBC of bias and unfairness.
In the appeal, IEBC argues that Justice Mrima erred in law by finding that they had a constitutional obligation to provide exception to Kigame on account of his disability whilst the learned judge had already found that there is no specific legal requirement for differential treatment of persons for any reason in the nomination and registration for presidential elections in Kenya.
IEBC adds that the orders meant Kenyans will have to pay Sh 971 million to reprint ballot papers.
