Economy

Blow to polls preparation as court halts Sh2.5bn ballot papers tender

JUDGE

High Court judge George Odunga. PHOTO | FILE

Preparations for the next General Election suffered another blow after the High Court temporarily stopped the execution of a Sh2.5 billion tender for ballot papers awarded to a Dubai-based firm.

Justice George Odunga, citing public interest, issued an order suspending the contract that the Independent Electoral and Boundaries Commission (IEBC) had awarded Al Ghurair Printing and Publishing Company.

“This case deals with the electoral process and is challenging the procurement of election materials. It is of great importance. I therefore consider certifying it as urgent and I am satisfied that a prima facie case has been established,” Justice Odunga said.

The case comes up for hearing tomorrow.

The opposition Coalition for Reforms and Democracy (Cord) had sued the IEBC and the Public Procurement Administrative Review Board, saying the contract was unlawfully awarded contrary to election laws as well as the Public Procurement and Assets Disposal Act.

Through lawyers James Orengo and Antonny Oluoch, Cord argued that the specification of the ballot papers for elections, declaration forms and poll registers as contained in the tender documents are not in conformity with the requirements of the Election Laws (Amendment) Act 2016 and the integrated electronic electoral system as established by law.

In their suit, they cited the Election Laws (Amendment) Act 2016 which states that an integrated electronic electoral system has to enable voter identification and electronic transmission of results.

The opposition also told the court that in the election law, the register of voters captures the biometric data of a voter, which includes unique identifiers or attributes such as finger prints, hand geometry, earlobe geometry, retina as well as iris patterns, voice waves and signatures.

It argued that previously, a single register of voters made it possible to have different registers or components of registers, including the Principal Register of Voters.

“The sued parties have tendered and awarded a contract for poll registers with description, particulars as well as specifications which are not in compliance with the law, Cord’s interest is only to ensure that the people of Kenya enjoy a free and fair General Election,” Mr Orengo said.

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