Blow to NASA as court quashes ruling on procurement of presidential ballot papers

The Independent Electoral and Boundaries Commission (IEBC) has recorded a landmark victory after five Court of Appeal judges unanimously quashed a High Court ruling on fresh procurement of presidential ballot papers and allowing printing by Dubai-based printing firm, Al Ghurair.

In their ruling, Justices Erastus Githinji, Roselyn Nambuye, Visram Alnasir, Jamilla Muhammed and Otieno Odek said that the Court erred in granting orders without regard to public participation and procurement timelines.

“We are Unable to find evidence that IEBC’s choice of direct procurement was to avoid competition. It was because of limited time,” read the ruling.

“Subject to meeting conditions for direct procurement, the law does not slap a requirement for public participation prior to picking direct procurement. The High Court erred.”

“The ballot papers tender is single, inseparable and indivisible, cannot be split.”

The court also ruled that the appeal by the electoral body has merit.

This comes after the High Court stopped the printing of presidential ballot papers following a suit filed by the opposition National Super Alliance (NASA).

On their part, IEBC faulted NASA following the move by the opposition to seek the court’s redress for the tender to be quashed.