Paul Gicheru, the chairman of the Public Procurement Administrative
Review Board, at Kenyatta International Convention Centre on May 29,
2015. PHOTO | DIANA NGILA | NATION MEDIA GROUP
The electoral commission on Thursday lost its bid to block Cord
and Jubilee Party from being enjoined in a case contesting the
controversial award of a Sh2.5 billion tender to a Dubai-based firm.
Public
Procurement Administrative Review Board chairman Paul Gicheru ruled
that both coalitions had the right to participate in the case in which a
South African printer is challenging the award of the tender to Al
Ghurair.
“The applications made
by both parties are allowed and the Coalition for Reforms and Democracy
(Cord) and the Jubilee Party are joined as interested parties to the
request for review pending before the board,” ruled the board.
The
Independent Electoral and Boundaries Commission (IEBC) had challenged
the two parties’ quest for a joinder, arguing that they had no business
engaging in a tender battle between the procuring entity and bidders.
Mr
Gicheru, however, warned that the participation of the two parties,
though allowed, would only be acceptable as long as their arguments are
within the limits of the case filed by Paarl Media challenging the
IEBC’s award of the tender.
The IEBC also lost in its bid to stop the hearing of the suit filed by Paarl, arguing that the firm filed their case late.
PAY COST
It had also sought to have the South African firm compelled to pay the cost of litigation if the case is dismissed.
“Owing
to the fact that the 21 days for hearing and determination of this
request for review under the provisions of Section 171 of the Act shall
lapse on 28/11/2016, the board hereby directs the two interested parties
to file their responses or submissions, if any, to answer the grounds
set out in the request for Review dated November 7, 2016,” stated the
board.
The board ordered Cord
and JP to serve all parties — including the applicant, the procuring
entity and the successful bidders — with their submissions by end of
business on Thursday.
The board
also ruled that all other objections by the IEBC would be heard
together with the main case on Friday and said “each party shall bear
its own costs of the applications” in response to the IEBC’s request.
Cord
and Jubilee lawyers said they were happy with the orders and promised
to act to ensure the joinder did not delay the case, which must be heard
and determined by Monday.
This
is the second time the Dubai firm’s bid to print ballot papers in
Africa is facing opposition. In May, it faced opposition in Zambia.
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