The appeals court also faulted the high court for not considering the time constraints the Independent Electoral and Boundary Commission (IEBC) was facing in delivering voting materials in time for the August 8 elections.
Kenya’s Court of Appeal has dismissed an earlier High Court ruling that had barred Dubai-based firm Al Ghurair from printing presidential ballot papers.
The five judge-bench argued that the July 7 order had erred in separating the tender by nullifying the printing of presidential ballot papers but allowing the production of those for the governors, senators, Members of Parliament and the county assembly representatives.
The appeals court also faulted the high court for not considering the time constraints the Independent Electoral and Boundary Commission (IEBC) was facing in delivering voting materials in time for the August 8 elections.
A cross-appeal by the opposition National Super Alliance (Nasa) that Al-Ghurair Printing and Publishing Company was linked to President Uhuru Kenyatta, was also dismissed on the basis that although newspaper cuttings are admissible, the author of the article ought to have appeared in court to give evidence.
“Such articles remain hearsay unless the author appears in court and is interrogated on authenticity of the article,” the appellate judges said.
The High Court had also ruled that the tendering process should have included public participation.
But this was also dismissed with the judges Thursday saying it was not a requirement in direct procurement, which was applied by the electoral commission in awarding the contract to Al Ghurair.
