Blow to IEBC as court temporarily stops printing of ballot papers

The High Court has temporarily stopped the award of supply and delivery of ballot papers by the Independent Electoral and Boundaries Commission (IEBC).

This followed a successful petition by the Coalition for Reforms and Democracy (CORD) that termed the recent awarding of Tender No. IEBC/01/2016-2017 for supply and delivery of ballot papers for election results, declaration forms and poll registers to Al Ghurair Print and Publishing Company Ltd of Dubai.

CORD argued that the tender awarding was illegal and contrary to the provisions of the law.

“The award of the tender is illegal and not in compliance with the provisions of the Constitution, Election Laws (Amendment) Act, 2016 and the Public Procurement and Asset Disposal Act and breached the principles of natural justice, the rule of law and the legal imperatives of public participation, consultations, good governance, integrity, transparency and accountability,” argued CORD in the petition filed by James Orengo.

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

“If this matter is not certified as urgent and dispensed with within the shortest time possible, the Interested Party will proceed with the illegal tender and adversely affect the integrity, credibility, transparency and accountability of the General Election.”

“It is in the interest of justice that this application is heard expeditiously in the public interest since it raises matters of substantial and general public importance.”

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

“The specification of the ballot papers for elections, election result declaration forms and poll registers as contained in the tender documents are not in conformity with the requirements of the Election Laws (Amendment) Act 2016 and the integrated electronic electoral system as established by law.”

CORD says that IEBC is acting unreasonably, irrationally and recklessly by failing to create an environment for a free, democratic and fair elections; take on board the views and concerns of the Applicant amongst other stakeholders; and to act prudently and responsibly in the management of public finance and resources especially when there is an overwhelming likelihood that the risk of an arbitrary and reckless expenditure of Ksh 2.5 billion in the acquisition of ballot  papers for elections, election results declaration forms and poll registers.

It further argues that IEBC has acted recklessly by failing to be prudent, responsible, open and accountable in financial matters and management; ensuring that the general principles for the electoral system found in Part 1 of Chapter Seven of the Constitution are not ignored; and take to account the legislative history and the letter and spirit of the Election Laws (Amendment) Act 2016.

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

The matter will be heard interparty on December 21, 2016.

Agnes Oloo contributed to this report