, NAIROBI, Kenya, Jun 23 – The High Court has declined to stop the execution and performance of the Sh2.5 billion tender for the supply of ballot papers by a Dubai-based printing firm.
Justice George Odunga said the judicial review application by the National Super Alliance seeking to quash the tender be placed before Chief Justice David Maraga to appoint a three-judge bench to hear and determine the matter.
The judge said issues raised by NASA are weighty and touch on the Constitution, which has to be determined by a panel of three judges.
The judge allowed presidential aspirants Ekuru Aukot, Samuel Waweru, the Jubilee Party and Attorney General to be enjoined in the proceedings.
He directed respective parties to the proceedings to file their responses to allow the matter be heard on June 27, 2017.
The Independent Electoral and Boundaries Commission through lawyer Kamau Karori has given indication that the electoral body will file a preliminary objection to the application on grounds that the contract has already been executed.
The Opposition says that the decision to award the Sh2.5 billion tender to Al Ghurair Printing firm of Dubai violates the legitimate expectation of NASA.
It argues that the move was actuated by ulterior motives.
NASA claims that the IEBC misapprehended the law thereby made a fundamentally wrong decision that may prejudice the legitimate expectation of millions of Kenya’s for a free, fair and democratic election.
It argues that unless the orders sought to quash the award are granted, the rights of millions of Kenyan to a free and fair electoral process shall be irreparably prejudiced.
NASA will seek orders to compel IEBC to reconsider the tender issued to the company and take into account the views of the relevant stakeholders in regard to the tender.
They claim that the decision to award Al Ghurair the tender was biased, on predetermined and unfounded procedures in law.
It is NASA’s position that the tender awarded to Al Ghurair was made without consultation with the relevant stakeholders as constitutionality mandated.
Further they argue that the respondents selectively elevated competence, cost effectiveness and other similar factors above other equally important constitutional precepts of transparency, inclusivity and accountability expected of every procurement process by a state organ under the constitution.
IEBC and Al Ghurair printing firm have been named as respondents in the case.
Early this month, IEBC awarded the tender after a protracted legal battle mounted by the National Super Alliance.
The coalition claims President Uhuru Kenyatta has close ties with Al Ghurair owners.