IEBC says opposition CONFUSING the court on ballot papers tender

The Independent Electoral and Boundaries Commission (IEBC) has defended the awarding of ballot papers printing tender to a Dubai-based company saying that the process took place within the confines of the law.

In its response to a petition filed by the opposition Coalition for Reforms and Democracy (CORD) challenging the legality of the tender, EBC says the contract of supply and delivery of ballot papers was signed and, therefore, the award of the tender lies within the law.

IEBC had awarded the tender to Al Ghurair Print and Publishing Company Ltd.

The polls body says that the application by CORD is an attempt to politicize and confuse the court by introducing matters outside the process of public procurement.

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,” argues IEBC.

In the petition, 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.

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

Meanwhile, Justice George Odunga’s 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 January 16, 2017.