IEBC chairman Wafula Chebukati (right), vice chair Consolata Nkatha
Bucha Maina (centre) and commissioner Dr Roselyn Akombe at KICC,
Nairobi, during the hearing of electoral misconduct cases facing a
number of candidates on July 11, 2017. PHOTO | EVANS HABIL | NATION
MEDIA GROUP
The electoral agency will not re-advertise the tender for printing presidential election ballot papers.
Instead, the Independent Electoral and Boundaries Commission said, it will await the Court of Appeal ruling.
IEBC
wants the court to rule that there is no time to float the tender
afresh after the award to Dubai-based Al Ghurair Printing and Publishing
was quashed by the High Court on Friday.
“The
learned judges erred in fact when they found that there is still time
available to the appellant to procure election material without any
factual basis and disregarding the professional assessment of the
appellant,” the IEBC said in its memorandum of appeal filed on Monday.
APPEAL
The appeal was followed by a statement from the IEBC that gave the clearest indication yet that the commission could stick to Al Ghurair as it cited time and challenges in implementation of such a fresh tender.
IEBC media and communications manager
Andrew Limo termed as incorrect media reports that the commission had
abandoned its appeal and opted to commence fresh tendering.
“On
the contrary, the IEBC has lodged an appeal on various grounds,
including that it (tendering afresh) presents practical challenges of
implementation,” said Mr Limo in the statement on Monday evening.
On Tuesday, Mr Limo refused to comment on what the statement meant for the appeal and the presidential election ballots.
NEW TENDER
However, appearing on Citizen TV,
commissioner Roselyne Akombe appeared to suggest that both events — the
appeal and award of a new tender — could be done concurrently or, at
the worst, consecutively on losing the appeal.
“For
us, the appeal and whether we have a fresh tender ... These things are
not mutually exclusive, so that if you do one it does not mean you
cannot do the other,” said Dr Akombe.
CONFUSION
She
insisted that there was still time to procure the ballots and “we will
do everything necessary” to ensure the holding of an election on August
8.
The IEBC was on Friday thrown into confusion after a three-judge Bench
ruled that the commission was required to conduct public participation
in the award of the tender to Al Ghurair to print 120 million ballots
for the six elective seats that the 19.6 million Kenyans will be voting
for in the August 8 General Election.
PRESIDENTIAL BALLOTS
But
with 26 days left, the IEBC, which had planned to print the
presidential ballots last, from July 18, is scratching its head to get
it right with the public participation requirement while ensuring it
maintains the integrity of the election.
A
meeting between IEBC and presidential candidates in Nairobi on Monday
on public participation ended without a decision on whether the
politicians could propose a printer and, if so, what the poll agency can
do with such a proposal.
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