NAIROBI, Kenya, Jul 13 – The National Super Alliance has also appealed against the High Court ruling on the presidential ballots printing tender.
The coalition wants the Court of Appeal to overturn portions of the ruling that found they had failed to prove their claims of improper association between President Uhuru Kenyatta and printing firm Al Ghurair.
They also want the Appellate Court to find that they convincingly supported their claim of bias by the Independent Electoral and Boundaries Commission in awarding the General Election ballot paper tender to Al Ghurair.
“The learned judges erred in law and fact in ignoring the evidence of the Appellant’s (IEBC) past conduct and self-evaluation statements in the procurement process leading up to the impugned direct procurement and thereby made an erroneous finding on the propriety of direct tendering in the circumstances,” they argue in their written submissions.
The Court of Appeal will on Friday begin hearing IEBC’s appeal against the High Court directive that it retender for the printing of the presidential ballots.
It is IEBC’s contention that the directive is impractical given there are only 25 days left to the General Election.
On Friday last week, Justices George Odunga, Joseph Mativo and Joel Ngugi quashed the presidential ballot printing tender awarded to Al Ghurair on the grounds that there was no public participation in the direct procurement process.
Reasoning IEBC has challenged in its appeal with the backing of the ruling party whose lawyer Ahmednasir Abdullahi described it this way: “To rule that the Constitution demand (sic) public participation for single sourced tender as the 3 judges ruled, is to take us for monkeys on trees.”
The three-judge High Court bench however found that NASA failed to meet the evidentiary standards required to support its assertions that Al Ghurair is improperly associated with President Kenyatta and that IEBC was driven by sinister motives in awarding it the ballot printing tender.