, NAIROBI, Kenya, Jul 20 – The Court of Appeal will on Thursday determine if indeed “the sky will fall” if Dubai firm Al Ghurair is not allowed to move forward with the printing of presidential ballots.
The Independent Electoral and Boundaries Commission having submitted to it that having to source for them afresh would mean the presidential election would not be held on August 8 as is constitutionally stipulated.
It will therefore determine if the High Court itself adopted an “uta do?” attitude when it found, a fortnight ago, that there was still sufficient time to procure said ballots afresh contrary to IEBC’s assertions.
It quashed the award of the tender to Al Ghurair after finding there was insufficient, if any, public participation in its direct procurement.
The credibility of the three judge bench that rendered the judgment – Judges Joel Ngugi, George Odunga and Joseph Mativo – and the judgment itself has since come under both political and legal assault.
The IEBC has queried the legality of the court’s decision to separate the presidential ballots from the rest of the tender awarded to Al Ghurair, for the five other elective offices, qualifying it as illegal.
With the support of the Jubilee Party and the Attorney General, it has also challenged the finding that public participation is a constitutional imperative where direct procurement by pubic bodies is concerned.
The five judge Appellate court bench of Erastus Githinji, Roselyn Nambuye, Alnashir Visram, Professor James Odek and Jamila Mohammed will also rule on a cross petition filed by the National Super Alliance challenging the High Court’s finding that they failed to prove that President Uhuru Kenyatta is improperly associated with Al Ghurair Printing and Publishing LLC or prove bias on the part of IEBC in the award of the ender.