Electoral agency appeals ruling halting ballot printing
The IEBC Chairman Wafula Chebukati and his team meets presidential candidates in Nairobi on July 10, 2017. The electoral agency was seeking their views on sourcing of ballot papers after the High Court nullified a tender issued to a Dubai-based company Al Ghurair. PHOTO | DENNIS ONSONGO | NATION MEDIA GROUP
What you need to know:
- High Court judges Joel Ngugi, George Odunga, and John Mativo made a finding that the commission had failed to engage in public participation while awarding the tender.
- The judges were also faulted for holding that the suit was a constitutional matter when it was a challenge of the award thus regulated by the law.
- The IEBC is also dissatisfied with the order directing it to craft a programme of public participation to operationalise Article 10 of the Constitution.
The poll agency on Monday moved to the appellate court to contest last Friday’s judgment which nullified presidential ballot papers printing in the tender awarded to Al Ghurair Printing and Publishing LLC.
The IEBC is also seeking an order stopping implementation of the judgment until its appeal is heard and determined.
High Court judges Joel Ngugi, George Odunga, and John Mativo made a finding that the commission had failed to engage in public participation while awarding the tender.
They directed IEBC to start the process afresh and come up with a framework for ensuring public participation.
PUBLIC PARTICIPATION
In the papers filed at the Court of Appeal, IEBC argues that the judges made an error in law in finding that public participation is a mandatory precondition to direct procurement conducted as provided under the Public Procurement and Assets Disposal Act.
The judges were also faulted for holding that the suit was a constitutional matter when it was a challenge of the award thus regulated by the law.
The commission is also dissatisfied with the order directing it to craft a programme of public participation to operationalise Article 10 of the Constitution.
“By the said finding, the judges were, in effect, directing IEBC to usurp Parliament’s role of legislating,” said the IEBC.
AUTONOMY
The commission said the judges erred when they assumed the constitutional function and autonomy of IEBC to set operational programmes including the timetable for procurement of election materials.
IEBC says the judgment split the tender in contravention of the procurement Act.
The Nasa legal team, led by Senator James Orengo, on Friday welcomed the ruling, describing it as historic, given that it was delivered on July 7, referred to as “Saba Saba”.
Jubilee lawyer Fred Ngatia, however, said among questions they will be raising is whether the contract can be partially nullified.
