All eyes (and ears) were on the Kenya’s Court of Appeal that was expected to rule on a case where the National Super Alliance (NASA) wants the Independent Electoral and Boundaries Commission (IEBC) to cancel a contract awarded to Al Ghurair to print presidential ballot papers to be used in the August 8 elections.
On Thursday, July 20, the court upheld the High Court determination that newspaper cuttings are not enough proof that President Uhuru Kenyatta met officials of the Al Ghurair Printing and Publishing in Dubai.
The Dubai-based firm was awarded a direct tender to print ballot papers for the forthcoming polls that is just 18 days away.
On Nasa’s submission, the High court stopped the printing of presidential ballot papers ordering the poll agency to retender for the services.
A five-judge bench was tasked with examining whether the decision holds water.
Court of Appeal judges; Erastus Githinji, Roselyn Nambuye, Visram Alnasir, Jamilla Muhammed and Otieno Odek were scheduled to return the verdict today.
They ruled that the Opposition failed to prove Uhuru influenced the award of the tender by the IEBC.
“Having considered evidence on record and law, we agree newspaper cuttings produced were hearsay and therefore not admissible.
“Even if admissible, without proof the court cannot treat it as sufficient evidence.” Part of the ruling read.
On the bigger issue a bout retendering, the court said that Justice George Odunga and his team also erred when they ordered IEBC to re-tender the printing of the presidential ballot papers.
They said the ballot papers tender is single, inseverable and indivisible; and therefore cannot be split adding that the High Court judges failed to consider time constraints in the procurement process.