BY SAM ALFAN.
The High court has declined to stop the 2.5 billion Shillings ballot papers tender awarded to Al Ghurair printing firm.
Justice George Odunga certified the matter as urgent and gave the opposition-NASA a go ahead to pursue its case against IEBC and Al Ghurair printing firm.
Justice Odunga further directed that the file be placed before the chief justice to constitute a three judge bench who will hear and determine the case challenging the tender awarded to the Dubai-based firm.
“The applicant has established a prime-facie case to commence for proceedings, “ruled Odunga
The parties in the case have urged the court to hear and determine the matter expeditiously saying that the matter is of great interest in the country.
The matter will be heard on the 27th of this month.
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 yesterday 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.
IEBC lawyer Kamau Karuri said the commission needs time to file all evidence.
“We need time to file our replying affidavit. The contract has already been signed and being executed. An order for leave or stay to be granted” submitted Karuri.
He said NASA had 16days to prepare and move to court.
“The requirements that the election should be held on August is constitutional imperative..In view of importance of this matter and the public interest it has been generated. It is necessary for all parties to produce all relevant materials before court” said Karuri.
Lawyer Waweru Gatonye for Al Ghurai said the Dubai based firm would like to be heard by the court before leave or stay is granted.
“This is a matter of critical importance to whole country and the world. Every step court takes in this matter should be in the best evidence possible” said Gatonye.
Thirdway Alliance presidential candidate Dr. Ekuru Aukot ,Jubilee Party and Attorney General has been enjoined in the matter.
Thirdway Alliance Party and it presidential candidate Ekuru Aukot through lawyer Mutuma Gichuru applied to be enjoined interested which was not opposed.
“This is not a matter touching on IEBC and AL Ghurai, it involves other stakeholders. We apply to be enjoined in the matter” submitted lawyer Mutuma.
“I apply to be enjoined as an interested party to represent the interest of my party, those of my constituents and the voters at large” said Aukot.
He argues IEBC did not consult relevant stakeholders and members of the public as required by the law.
“The decision was shrouded in secrecy ” claim Ekuru.
NASA moved to court yesterday seeking to quash a decision by the IEBC that awarded Dubai based firm Al Ghurai a tender to print ballot papers.
They also sought high court 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 sought 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 want 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.
Chief Justice David Maraga has appointed three-judge bench to hear Sh2.5billion ballot tender case.
Justice George Odunga will be presiding judge. Others include Joel Ngugi and John Mativo.
