1.We have considered the Applicant’s application was is predicated upon Rule 5(2)(b) of the Court of Appeal Rules, among other provisions of the law. We have perused the written submissions filed in favour and in opposition to the application. We have further considered the oral submissions made by Mr. Mutuma for the Applicant, Mr. Mwangi for the Respondents, other than the 8th, 9th, 10, 11th, 12 and 13th Respondents, Mr. Mukele for the 8th and 9th Respondents and Mr. Mbaji for the 12th Respondent. We have also considered the authorities cited by the parties, particularly this this Court’s decision of National Super Alliance (NASA) Kenya v Independent Electoral and Boundaries Commission & 2 Others  eKLR
2.We are giving this ruling in a short form under Rule 34(1) of the Court of Appeal Rules, 2022 due to the urgency of the matter and the fact that the general elections are scheduled to be held tomorrow i.e 9th August, 2022. The reasons for the ruling shall be rendered on 28th August, 2022.
5.The above decision incorporated the Memorandum of the Commission dated 27th July, 2017 which was consented to by the parties to the suit which provided that:a.“Presiding Officers must ensure that voters are identified by Biometrics upon production of an identification document used during registration. Biometric verification is a primary mode of identifying voters.”b.“Where a voter cannot be identified using Biometrics, then the Presiding Officer shall use a complementary mechanism of alphanumeric search in the presence of the agents and the voter shall fill form 32A before being issued with the six ballot papers.”c.“The Presiding Officer will resort to the use of the printed register of voters after approval from the Commission upon confirmation that the KIEMS Kit has completely failed and that there is no possibility of repair or replacement.”d.“The contents of the said Memo dated 27th July, 2017 shall be adhered to by all concerned persons in application of Regulations 69 and 83 of the Elections (General) Regulations, 2012.”
6.The costs of the application shall abide the outcome of the intended appeal.
7.It is so ordered.