Kenyan High Court strikes out presidential ballots tender
Friday July 07 2017
IEBC chairman Wafula Chebukati (centre), CEO Ezra Chiloba (right) and Commissioner Roselyne Kwamboka at the agency's offices at Anniversary Towers in Nairobi on April 5, 2017. PHOTO | SALATON NJAU | NATION MEDIA GROUP
A Kenyan High Court has ordered the electoral commission to advertise a new tender for printing presidential poll ballots.
However, Dubai-based Al Ghurair Printing and Publishing Company will proceed with the printing of ballots for other races, judges Joel Ngugi, John Mativo and George Odunga said on Friday.
In their judgement, the judges faulted the country's election body Independent Electoral and Boundaries Commission (IEBC) for failing to consult all candidates in the August poll before awarding the Sh2.5-billion ($24 million) tender to Al Ghurair.
The three-judge bench established, the commission also did a shoddy job on public participation as required in law.
The judgement is a big victory for the opposition party National Super Alliance (Nasa) and its presidential flagbearer Raila Odinga who had opposed the tender award, citing conflict of interest.
Mr Odinga's alliance had argued the award to Al Ghurair favoured the incumbent Uhuru Kenyatta, his arch-rival in the March 4, 2013 and now August 8, 2017 polls.
Al Ghurair, the opposition claimed, had close links with Mr Kenyatta, the first family and senior people in the Jubilee Party.
READ: Row over ballot printing tender threatens Kenyan polls
Blow
However, the judges dismissed this allegation in their judgement, saying Nasa relied on newspaper cuttings to prove the claim yet paper cuttings are not admissible in law.
President Kenyatta's Jubilee party had supported IEBC's defence and the verdict has also dealt a blow to the ruling party.
With only 31 days left to the General Election, IEBC will have to race against time to deliver ballots for the high-stakes election in which both Mr Odinga and Mr Kenyatta are battling for political lifeline.
Green light
IEBC on Thursday said Al Ghurair had executed over 50 per cent of the work but printing of presidential ballots is yet to commence.
The election body said the Dubai printer had been given the green light to print ballots for all elective posts that did not have conflicts stemming from candidates' list.