The Court of Appeal has given the Independent Electoral and Boundaries (IEBC) a major boost in its quest to deliver the August 8th general elections after it overturned a High Court judgment blocking Al Ghurair of Dubai from printing presidential ballot papers.
The Kenya’s second highest Court in its ruling on Thursday said that the High Court erred in revoking the tender to Dubai based firm Al Ghurair on grounds of public participation.
The Appellate Court said that public participation is not a requirement in direct procurement, which the IEBC used in awarding the contract to Al Ghurair. It also ruled that the High Court failed to appreciate the time limit in ruling for re-tendering.
However, the Appeal Court agreed on High Court ruling rejecting claims by National Super Alliance (NASA) that President Kenyatta had links with Al Ghurair. It ruled that 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.
In its appeal, the IEBC presented that High Court judges made an error in law in finding that public participation a mandatory requirement to direct procurement as provided under the Public Procurement and Assets Disposal Act.