The opposition coalition has appealed a decision dismissing its bid to link President Uhuru Kenyatta to a foreign firm awarded a tender to print ballot papers.
The National Super Alliance (NASA) yesterday filed the appeal arguing that High Court judges erred by holding that there was no evidence to show that Uhuru met with the directors of the Dubai-based printer, Al Ghurair.
High Court judges Joel Ngugi, John Mativo, and George Odunga found that NASA did not prove that Uhuru had a hand in the award of the tender.
The Opposition in its appeal now says that it is the Jubilee Party that ought to have disapproved the allegations by providing evidence that there was no such meeting.
“The learned judges erred in law and fact in failing to appreciate the contextual circumstances of the case in their appraisal of the evidence of association between the second respondent (Al Ghurair) and the President of the Republic of Kenya,” the appeal filed by lawyer Jackson Awele read.
It is a cross appeal to counter another one filed by the Independent Electoral and Boundaries Commission (IEBC) against the judges’ ruling that the tendering for the presidential ballot papers lacked public participation.
The High Court judges also dismissed NASA’s argument that there was bias in the way IEBC awarded the tender. But the alliance now argues that there was a history of the firm getting the award despite this being nullified by the Public Procurement and Review Board. NASA wants the court to dismiss IEBC’s appeal.
This aside. Based on the court’s ruling, does it mean if I wake up on 1st of August, present my case to the same judges claiming the tender awarding the printing of senatorial, gubernatorial, county assembly and Mps was not advertised will still be admissible and hence postponement of elections?
NASA Should just have put their own seal next to the iebc seal at every polling station ballot box package…Then only the ballots with nasa seal can be used to vote in the elections…These is becoming useless time wasting
Am still in UOTP…what am saying is that whichever box these ballots are dispatched in should simply have a NASA seal that has a serial number sequence only known by NASA…Will save time and effort
For the record iebc cannot and would not let this barbaric interferance of the national elections. What is the essence of having it as an independent body?