The High Court has canceled the Presidential ballot paper printing tender awarded to Dubai-based Al Ghurair by the IEBC.
The three-judge bench of Justice Joel Ngugi, George Odunga and John Mativo in their ruling ordered that IEBC should start a new procurement process for the Presidential ballot papers.
“We order that the IEBC commences the procurement process for printing of election materials for presidential elections scheduled for August 8 so as to ensure free, fair and transparent elections,” Justice Ngugi directed.
In their ruling, the judges faulted IEBC for failing to consult all candidates in the August poll before awarding the Sh2.5-billion tender to Al Ghurair.
The High Court also noted that the Commission ignored several procurement processes including public participation as required by law.
The bench, however, found NASA’s argument that President Uhuru Kenyatta’s relationship with Al Ghurair Printing and Publishing Company influenced the award of the tender to the firm as lacking the evidentiary standard to prove the bias claims.
The Court allowed the printing of the other ballot papers to continue as scheduled.
Last month, the National Super Alliance (NASA) filed a petition seeking orders to block the printing of the ballot papers on grounds that the Sh2.5 Billion tender was flawed.
According to NASA, Al Ghurair Printing firm has links with President Uhuru Kenyatta and hence cannot be allowed to print the ballot papers.
Judge Odunga, however, declined to suspend the printing process stating that NASA failed to convince the court that the temporary orders were necessary.
He instead directed that the judicial review application by the Alliance seeking to quash the tender be placed before Chief Justice David Maraga to appoint a three-judge bench to hear and determine the matter.
