Blow to NASA as court refuses to stop printing of ballot papers

The High Court has declined to stop the Ksh 2.5 billion ballot papers tender awarded to Al Ghurair printing firm.

Justice George Odunga certified the matter as urgent and gave the opposition – National Super Alliance (NASA) a go ahead to pursue its case against the Independent Electoral and Boundaries Commission (IEBC) and Al Ghurair printing firm.

Justice Odunga further directed that the file be placed before the Chief Justice to constitute a three-judge bench who will hear and determine the case challenging the tender awarded to the Dubai-based firm.

“The applicant has established a prima facie case to commence for proceedings,” ruled Odunga.

Meanwhile, Jubilee party, Third Way Alliance Party and the Attorney General have been enjoined in the case as interested parties.

The parties in the case have urged the court to hear and determine the matter expeditiously saying that the matter is of great interest in the country.

The matter will be heard on the 27th of this month.

NASA says that the decision to award the Ksh 2.5 billion tender to Dubai-based firm violates the legitimate expectation of NASA adding that the move was actuated by ulterior motives.

In a certificate of urgency filed Thursday, June 22, the opposition claim that the respondents misapprehended the law thereby made a fundamentally wrong decision that may prejudice the legitimate expectation of millions of Kenya’s for a free, fair and democratic election.

“Unless the said orders sought are granted the rights of millions of Kenya’s to a free and fair electoral process shall be irreparably prejudiced, “claims NASA,” claims the opposition.

Among the orders that the applicants are seeking is an order compelling IEBC to reconsider the tender issued to the said company and take into account the views of the relevant stakeholders in regard to the tender.

They claim that the decision to award Al Ghurair printing firm the tender was biased, predetermined and unfounded in law.

It is NASA’s position that the tender awarded to Al Ghurair was made without consultation with the relevant stakeholders as constitutionality mandated.

Further they argue that the respondents selectively elevated competence. Cost effectiveness and other similar factors above other equally important constitutional precepts of transparency, inclusivity and accountability expected of every procurement process by a state organ under the constitution.