Independent Electoral and Boundaries Commission (IEBC) lawyer Anthony Milimu Lubulellah with lawyer James Orengo before Justice George Odunga on Wednesday December 21,2016.

High Court has quashed the decision by Independent electoral and Boundaries Commission (IEBC)  to award Tender Number IEBC/01/2016-2017 for supply and delivery of ballot papers for elections, election results declaration forms and poll registers to Al Ghurair Print and Publishing Company Limited based in Dubai.

Justice George Odunga said IEBC is at liberty to restart the Tender process for the supply and delivery materials and same done in compliance within the constitution, provisions of procurement and Assets Disposal Act and relevant election laws.
“It was unreasonable for IEBC to have proceeded with awarding the tender without taking into account the current legislative framework,”Odunga ruled.

Last year Court had suspended the electoral commission’s Sh2.5 billion ballot papers tender that was awarded to Dubai-based firm.

The order issued by Mr Justice George Odunga also affects the delivery of declaration forms and poll registers by Al Ghurair Printing and Publishing Company and Parl Media Limited.

Coalition of Reforms and Democracy/(CORD) moved to court seeking to cancel a tender for the supply of 2017 election materials.

Through lawyer James Orengo CORD claims that the tender awarded to Al Ghurair Print and Publishing Company limited of Dubai is illegal.

They argue that if the court does not cancell the tender then the the integrity ,credibility of the general elections will be adversely affected.

CORD says that the election Amendment Act 2016 provides for a single register of voters and the act repealed provisions in the Law that made it possible to have different registers or components of registers including the principal register of voters.

They argue that IEBC has tendered and awarded a contract for poll registers the description,particulars and specifications of which are not in compliance with the law.

They further all edge that IEBC has awarded and awarded Paarl Media (PRY)Limited the supply and delivery of election results declaration forms that have not been prescribed and may not have synergy and congruence with the integrated electoral system as provided in the law.

In the court documents filed in court today,the applicant say that the award of the tender is illegal and not in accordance with Elections Laws Amendment Act 2016.

“The specifications of the ballot papers for elections as contained in the tender documents are not in conformity with the requirements of the elections Laws (Amendment) act 2016,”reads the petition.

CORD has been pushing for cancellation of the electoral equipment citing lack of transparency during the tendering process.