National Super Alliance ( NASA) has moved to court seeking to quash a decision by the IEBC that awarded Dubai based firm Al Ghurai a tender to print ballot papers.
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It is also seeking to compel IEBC to reconsider the tender issued to the said company and take into account the views of the relevant stakeholders in regard to the tender.
They further want the electoral body restrained from considering or awarding the tender and contract to Al-Ghurai Printing and Publishing LLC or it affiliates to printing election materials for presidential elections scheduled for 8 August.
They further seek to have IEBCs decision made on 29 of May 2017 to award a direct tender to Al-Ghurai for printing elections materials suspended .
NASA says that the decision to award the 2.5 billion Shillings tender to Dubai-based firm violates the legitimate expectation of NASA adding that the move was actuated by ulterior motives.
In a certificate of urgency filed this afternoon, the opposition claim that the respondents 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.
“Unless the said orders sought are granted the rights of millions of Kenya’s to a free and fair electoral process shall be irreparably prejudiced, “claims NASA,”claims the opposition.
They claim that the decision to award Al Ghurair printing firm the tender was biased, predetermined and unfounded 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 awarded the tender to the Dubai firm earlier this month after a protracted legal battle mounted by the National Super Alliance.
The coalition claims President Uhuru Kenyatta has close ties with Al Ghurair owners.
Proceedings to resume.