The Independent Electoral and Boundaries Commission (IEBC) has won a case in which NASA had challenged the printing of presidential ballot papers following a ruling by the court of appeal, overturning the High Court’s decision that had nullified the tender awarded to Al Ghurair.

The court of appeal ruled that the high court erred in granting orders on the grounds of public participation saying is not a requirement in direct procurement, which was applied by the electoral commission in awarding the contract to Al Ghurair.

High Court judges Joel Ngugi, George Odunga and John Mativo had ruled that IEBC had failed to engage the public in awarding the tender and directed the commission to start the tendering process afresh and come up with a framework for ensuring public participation.

Insufficient evidence that Kenyatta influenced the tender award

The judges at the appellate court also agreed with the high court’s ruling that there was no sufficient evidence to show that indeed president Uhuru Kenyatta influenced the awarding of the tender to Al Ghurair, and that the newspaper cuttings presented by Nasa as evidence were not sufficient to prove that the President met directors of the firm.

“Such articles remain hearsay unless the author appears in court and is interrogated on the authenticity of the article,” they said.

The Dubai-based Al Ghurair Printing firm can now go ahead and print presidential ballot papers as agreed with the IEBC.