Activist Okiyah Omtatah has filed a fresh case seeking to stop IEBC from issuing any award to KPMG or entering into any contract for the audit of the voter resister.
This comes four days after the high court dismissed a similar case by Cord that was challenging KPMG tender award for the audit of the register.
In the suit Omtatah wants IEBC restrained from issuing any award to KPMG or entering into any contract for the audit of the voter resister.
The petitioner argues that the latter dated 2nd of December 2016 by IEBC to KPMG notifying the award for the consultancy services for the Audit of the voter Register was made in violation of section 6 of the Elections Laws (Amendment) Act, No.36 of 2016.
He says the said award is null and void.
“The purported stakeholders meeting convened by the respondents to discuss the implications of the new election Laws and Audit of the voter register did not meet the threshold for the consultation and public participation contemplated under the constitution,’’ reads the petition.
Through lawyer Appolo Mboya, Omtatah is seeking an order directing the respondents within seven days from the order of the court to convene a National Stakeholders meeting with all relevant agencies, organs of the Government and political parties to come up with a proper framework, methodology and terms of reference for an audit of the voter register.
In a certificate of urgency, he argues that the audit of the voters register and its authenticity is very crucial to the enjoyment of the political rights under Article 38 of the constitution.
“The decision by the IEBC is unfair, discriminatory, arbitrary, inconsistent and capricious, “claims Omutatah.
Last week high court judge Chacha Mwita dismissed a similar application filed by opposition citing incompetence.
“The notice of motion is hereby struck out, “justice Mwita ruled.
The Coalition for Reforms and Democracy (CORD) suffered a technical knock-out after the High Court struck out its petition challenging the procurement process and dismissed it as incompetent.
The target of the petition was a different tender floated by the IEBC and was incompatible with the orders issued by High Court Judge George Odunga suspending the appointment of KPMG, Justice Enock Chacha-Muita said in his ruling.
The Judge recalled that the international audit management firm had categorically denied having participated in the other undisclosed tender. Further, the court could not issue orders that were at variance with prayers sought by the petitioner, he said.THE controversial procurement dispute involving the proposed national voter registry audit will now be heard on March 3.
The controversial award of the tender by the national electoral agency to international audit firm, KPMG, was suspended last December after the opposition political party cried foul that the exercise was not transparent and excluded stakeholders. The sanctions remain in place pending the outcome of the petition.
