BY SAM ALFAN.
Attorney General Githu Muigai says that if the election slated for the 8th August is postponed then the country will be thrown into a constitutional crisis.
“If orders sought by NASA are given, elections will be delayined.or the dates are vacated the public will be thrown in a constitutional crisis” said Attorney General.
The state legal officer while opposing to NASA petition challenging the 2.5 billion shillings tender awarded to Dubai based company Al-Gurair printing argued that the 8th August polls ought not to be interfered with. Further the three judge bench was told that i elections are not held on 8 of August then the government will be at a arms strung.
“You are not being asked to look at the process but the merit of the process,argued state legal officer.
“NASA has not told court an illegality has been committed not even the process” submitted AG.
He said the opposition have conceded that IEBC can single source a supplier. “They are not saying even the company is incapable of supplying the materials sought”
“we have a case that raises impressions and perceptions, you are being told the countracter is bad , the supplier is bad consequences are very serious it is an abuse of judicial review process” submitted AG
He said election timelines should not be interfered with unless it is proved there is breach and violation of the law.
In the case NASA moved to court saying that there was no public participation in awarding the tender to the Dubai bases company .Further hur the opposition claims that the printing firm enjoys a close relationship with president Uhuru Kenyatta.
Jubilee Party said that the printing of presidential ballot papers should be treated the same as others.
Through lawyer Fred Ngatia, the ruling party told the court that candidates in the August general elections should not visit the printing premises.
“Political parties should not be players in the printing of ballot papers, “submitted Ngatia.
Ngatia told the three judge bench that the decision of awarding the tender to Al-Gurair printing firm is a procurement decision saying that political parties have interests and they should be barred from the printing process
Ngatia further said that the ruling party has no preferred printer locally or internationally.
The court was urged to delete the allegation that President Uhuru Kenyatta met the owner of the Al-Gurair printing firm saying that the allegations are untrue.
Ngatia differed with IEBC arguments that the Commission would send a monitoring delegation to Dubai to witness, confirm and verify in writing that the desired quantity of ballot papers has been printed, stitched and packaged into pallets.
IEBC had said that it will send a delegation include representatives of all eight presidential candidates, a representative from the civil society, three representatives from the media, a representative from the Inter-religious Council and a representative from the Kenya Bureau of Standards to verify the on the credibility of the Dubai based firm which is printing the ballot papers.
The three judge bench will deliver the judgement on Friday next week.
