The electoral commission has opposed inclusion of running mates' photos on presidential and governorship ballot papers, saying the move would be unlawful. In its response to a suit filed by a city lawyer seeking to include images of running mates on the ballot, the Commission has rejected the argument that deputies of presidential and gubernatorial candidates influence the election of main candidates. The Independent Electoral and Boundaries Commission (IEBC) termed as unfounded a claim by the lawyer, Mr Mugambi Imanyara, that photographs of all candidates who vie for elective positions on joint tickets play a major role in persuading voters.

“The notion being peddled by the petitioner that there is need to include the photos of the deputies to persuade the voters is unfounded and honestly speaking, laughable. The petitioner has failed to show that the photographs of the deputies have any influence over a registered voter’s choice of candidate,” said the IEBC in a replying affidavit filed by its Director of legal services and public affairs Chrispine Owiye.

The Commission argued that the election rules and regulations do not allow inclusion of photos of running mates but only those of the principal candidates.

Mr Owiye stated that exclusion of the running mates’ photographs does not take away the voters’ constitutional right to vote

“Regulation 68 of the Elections (General) Regulations, 2012 as amended in 2017 on the ballot papers does not contemplate the need to include a photograph of a deputy governor or deputy President as alluded to by the petitioner,” said Mr Owiye.

The petitioner Mr Imanyara, argued that inclusion of the running-mates’ images will help voters make informed decisions on who they are voting for as president or governor. Mr Imanyara also stated that exclusion of running-mates’ images from the ballot papers violates Article 27 of the Constitution on equality and freedom from discrimination. He argued that there are voters who vote for the president or governor due to their preference and fondness of the running mate.

But the IEBC noted that it has not received a complaint from any of the running mates in both the presidential and governorship elections concerning the omission of their photographs on the respective ballot papers.

On claims that running mates influence election of the main candidate, the IEBC said the argument is unfounded and is neither supported nor substantiated by any evidence nor data.

“The petitioner has failed to bring before this court any basis nor data to show how the photographs of deputies influence the voting choice. The petitioner has failed to direct this court on where there is a constitutional requirement to include a photograph of the deputies in the ballot papers,” said Mr Owiye.

He also observed that Mr Imanyara is not challenging the constitutionality or legality of the Election Regulations, which guided the IEBC in giving instructions and technical specifications to the firm contracted to print the ballot papers.

“The failure on the part of Mr Imanyara to not challenge the said regulations is critical and from the onset the petition should fail on that ground,” he said.

According to him, since the elections date is so close, the orders sought by the lawyer, if granted, will place a huge burden on the IEBC.

“It is extremely critical that no hurdle or obstruction ought to be placed on the ability of the IEBC to follow the timetable as the inevitable consequence would be deferral of the elections, which would portend serious consequences to the entire populace and place our country into a constitutional crisis,” said Mr Owiye.

The case will be heard on Thursday at the High Court in Milimani before Justice Anthony Mrima.