BY NT CORRESPONDENT.

CORD has suffered a major setback after high court judge George Odunga declined to stop Parliament from debating on elections laws.

Judge Odunga however said that the petitioners can later move to court and seek orders on the said laws.

Odunga while issuing the ruling said that he does not see what will bar the court from reversing the decision of the National Assembly if the said election Act is illegal and contravenes the constitution.

“I do not find any compelling reason why parliament ought to be stopped from proceeding with the debate, thereafter depending on what it decides this court will be at liberty to scrutinize the process to see whether it did comply with the law,” judge Odunga ruled.

In the case CORD is alleging that the sittings are illegal and not according with the standing orders of the National Assembly.

The ruling was read an hour after the National Assembly approved the amendment which provides for a manual back-up system for the voting, transmission and tallying of election results which was strongly opposed by the Opposition.

BY THOMAS KARIUKI.

The high court has stopped a tender awarded to KPMG for the audit of the voter register Pending hearing and determination of a suit filed by CORD.

Coalition for Reforms and Democracy, Cord now wants the court to stop the IEBC from engaging in any activity meant to audit the voter register.

The opposition has asked that the electoral body be barred from carrying on with the award of the tender or in any way implementing results of the audit.

The Independent Electoral and Boundaries Commission on December 16 awarded a tender to KPMG for the audit of the voter register, a move that has sent shiver in the opposition.

Cord says that the intended audit of the register of voters is clouded with opaqueness, secrecy and lack of accountability because no methodology or criteria for the audit has been disclosed to ensure the objectives set out in law are realized.

August 7 2017 elections are wholly dependent on the authenticity of the voter register and as such the process should inspire confidence in all divides, they hold.

In the Presidential Election, petition No.5 of 2013 (Raila Odinga and 5 others Versus the Independent Electoral and Boundaries Commission) the commission presented different versions of the register of voters variant from what was gazetted before the election.

“In this abundance of confusion, there is no clarity as to which register is being subjected to the audit,” they said.

Cord says they were not consulted or engaged in designing the criteria for the audit.

“The objective of ascertaining the accuracy of the Register of Voters can only be realized if the biometric data in the register is cross-authenticated with the data from the Registrar of Persons, as well as the Registrar of births and deaths to weed out dead, underage and cases of double registration,” they say.

Lawyer Anthony Oluoch for Cord says, “as it is now, no criteria has been set out by the Commission to ensure the audit firm is availed with the above information and therefore the proposed audit will amount to nothing but an exercise in futility.”

He continued to say that the firm awarded the tender to audit the register has no demonstrable experience of undertaking a similar task in any other jurisdiction in the world neither have any guarantees be given on its ability and capacity to undertake such an important exercise.

Cord therefore wants the court to issue an order prohibiting IEBC from carrying on with the award of the tender or in any way implementing result of the audit of the voters register based on its decision to advertise an open international tender for audit of voters Register and verify the accuracy of the register, recommend mechanisms of enhancing the accuracy and updating the register.

They hold that the decision is unreasonable and is actuated by malice and extraneous consideration other than the administration of justice.

Proceedings resume.

BY THOMAS KARIUKI.

The Coalition for Reforms and Democracy (Cord) wants a decision made by the Speaker of the National Assembly calling for two special sittings overturned.

According to the Cord coalition, the speaker went against the House standing orders in calling for the special sittings.

The sittings are scheduled for today.

Cord also says that the special gazette notice was published outside the set timelines of the government working hours.

According to cord lawyers, Apollo Mboya and Norman Magaya Amugira the amendments sought to be introduced for discussion in the special sitting do not warrant for special motion.

“The amendments sought to be introduced and passed are not in the nature of urgent and exceptional business requiring special sitting,” they hold.

Justice Odunga to deliver the ruling at 11.

BY NT REPORTER.

National Youth Service (NYS) suspect key suspect Ben Gethi’s sister, Jedidah Wangari has finally been charged in connection with over 791 million shillings tender scam.

Jedidiah showed up in court on Monday and pleaded not guilty to one count and was released on bail.

Wangari appeared in court after several warrants of arrest to appear in court were issued.

The prosecution had allege that Wangari is out of the country therefore making it difficult for the prosecution to serve her with the summons to appear in court.

However the court objected to the prosecution argument saying that the state has the machinery to arrest the suspect and avail her in court.

In the case businessman Ben Gethi, Josephine Kabura and eight others are out on cash bails of 300,000 Shillings or an alternative bond of 1 million Shillings after they pleaded not guilty to 15 counts relating to transactions the prosecution says involved the stolen funds.

Some of the suspects have appeared before Parliament Public Account committee (PAC) to shed more light on the matter.

BY SAM ALFAN.

Independent Electoral and Boundaries Commission (IEBC) now says that contract of supply and delivery of ballot papers awarded to Dubai based firm was signed within the law.

“The contract was signed on 30 November” Lubulellah told the court.

In response to a petition by Coalition for Reforms and Democracy (CORD) that termed the recent awarding of Tender to Al Ghurair Print and Publishing Company Ltd of Dubai as illegal, Independent Electoral and Boundaries Commission (IEBC) through lawyer Anthony Milimu Lubulellah says that the application by CORD is an attempt to politicise and confuse the court by introducing matters outside the public procurement process.

The electoral commission further says that the application by CORD is incompetent adding that the procurement was done in accordance with the law and remains an unchallenged by any bidders involved in the tender.

“The entire suit is incompetent, bad in law and should be struck out for offending section 175(1) of the public procurement and Disposal Act, 2015,” said Lubulellah.

In the case CORD moved to court arguing that the tender awarding was illegal and contrary to the provisions of the law.

The opposition coalition filed the petition arguing that if the tendering process is not stopped, it will compromise the integrity and accountability of the August 8, 2017 elections.

CORD also argues that the specification of the materials as tendered is not in comformity with

Justice George Odunga orders that temporarily suspended the tendering process saying that the petitioner had raised valid and arguable concerns have been extended.

The matter will be heard on the 16th of January 2017 for hearing.