Appeal court upholds ruling canceling IEBC ballot paper tender

By Lilian Atieno

The Independent Electoral and Boundaries Commission (IEBC) will have to re-tender for ballot papers afresh.

This is after three appellate judges nullified the ballot papers tender and dismissed a case by the electoral body seeking to defend the tender.

The court in nullifying the tender awarded to Ghurair publishing company said time was of essence for IEBC to prepare for the August polls and that the affected company was free to retender.

Three appellate judges in their ruling delivered by Wanjiru Karanja said ghurair publishing company that was awarded the tender is at liberty to participate in the fresh tendering process as ordered by Justice George Odunga.

They further said the stay order sought by IEBC if granted may interfere with the first approaching election dates and the necessary preparations that the commission should undertake.

IEBC had moved to the court of appeal after high court quashed the tender awarded to Ghurair publishing company saying it was done unlawfully.

In quashing the tender last month, High Court Judge George Odunga ruled that the company failed to comply with the amended election laws of 2016.

Justice Odunga consequently directed the electoral body to re-start the tendering process afresh in accordance with law for the supply and delivery of ballot papers for election, election results, creation forms and poll registers.

CORD had initially contested the contract arguing that specifications on election materials in the tender documents were not in conformity with requirements of the amended law and the Integrated Electronic System.

Elsewhere the Employment and Labor Relations Court has issued a fresh arrest warrant against Embu Governor Martin Wambora for failing to appear before the court.

Wambora had been sought to explain why he should not be punished for failing to effect payments for sacked County Assembly employees as ordered by the court.

Judge Monica Mbaru issued the orders in a case filed by the sacked employees. The Court has now directed Inspector General of Police, Joseph Boinnet, to enforce the arrest and produce the Governor in court.

Meanwhile, five National officials of Kenya International Freight and Warehousing Association (KIFWA) have been ordered to hold a special general meeting within seven days to constitute new office bearers and table a report back to court.

Senior resident magistrate David Mbeja gave the directives following a complaint filed by members of the association against its board of management.