Corporate News
Independent Electoral and Boundaries Commission(IEBC) Chairman Isaack
Hassan. Transcend Media sued the IEBC for allegedly failing to honour a
Sh198,787,892 bill. PHOTO | FILE | NATION MEDIA GROUP
By BRIAN WASUNA
Posted Sunday, September 28 2014 at 18:45
Posted Sunday, September 28 2014 at 18:45
In Summary
A Sh200 million claim filed by an advertising firm
against the electoral commission will now be heard in the civil division
of the High Court after it was moved from the commercial unit.
Transcend Media sued the Independent Electoral and
Boundaries Commission for allegedly failing to honour a Sh198,787,892
bill accrued from running adverts on its behalf during last year’s
General Elections.
ALSO READ: Transcend Media sues IEBC over poll debt
Lady Justice Jacqueline Kamau last week transferred
the matter to the civil division, arguing that it should not have been
filed in the commercial section. The judge had issued orders that the
parties file their respective responses and arguments by October 22.
“Having looked at this matter, I do not see any
commercial element herein. It was a claim for breach of contract and is
best dealt with by the civil division,” said the judge.
The orders came as IEBC denied responsibility for
the money, arguing that it did not enter into any contract with
Transcend Media, but was a third party beneficiary of a deal struck
between the petitioner and the United Nations Development Programme
(UNDP) on February 7 last year.
“From my own knowledge, perusal of records and the
defendant’s procurement process, IEBC has never been privy or party to
the contract dated February 7, 2013 between UNDP and Transcend Media,”
said Moses Kipkosgei, who is representing IEBC in the suit.
The advertisements, added Mr Kipkosgei, were meant to positively impact electoral conduct and show the benefits of democracy.
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