The National Super Alliance (NASA) on Thursday suffered in its attempt to have a tender awarded to KMPG company for the audit of voter register stopped.
High Court judge Chacha Mwita dismissed the case stating that it lacked clarity despite raising serious legal issues, therefore it was “incompetent”.
Mwita observed that the Opposition had prepared the case in a hurry and thus led to the lack of clarity, a technicality that caused the collapse of the suit.
He, therefore, ruled that he could not grant the orders NASA was seeking.
“There was too much hurry in the preparation of the application that no attention was paid to details. Although the application raises serious issues of law there is very little the court can do in the circumstances,” he ruled.
The Independent Electoral and Boundaries Commission (IEBC), in its defence, explained that the tender was awarded in accordance with relevant procurement laws and that all stakeholders, including political parties, had been consulted.
The Opposition filed the case in December arguing that KPMG was not a reputable body and never had a five-year experience to conduct the audit.
Justice George Odunga gave an order barring the IEBC from advertising the tender pending the hearing and determination of the case but later recused himself from the matter.
