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Tender tussle lands in Court of Appeal

The cancellation of the controversial tender for the printing of presidential ballot papers has provoked three appeals from the national elections agency, the Opposition and independent presidential candidate Samwel Waweru.

The parties, whose representatives appeared before the Court of Appeal president Paul Kihara (pictured), are required to exchange formal arguments today and square it out before a five-judge bench tomorrow.

The Independent Electoral and Boundaries Commission (IEBC) is aggrieved by ruling of a three-judge High Court bench that it did not consult the major stakeholders or engage public participation before single-sourcing the Dubai-based Al Ghurair Printing and Publishing Company.

Justices Joel Ngugi, George Odunga and John Mativo ruled last Friday that IEBC had been warned twice by the Public Procurement Review Board to allow public participation before awarding the tender on the basis that it was a cardinal constitutional requirement.

IEBC, which is now represented by senior counsel Paul Muite and Karori Kamau, is seeking the suspension of the tender cancellation, citing inadequate time to engage another firm to print the papers.

It has criticised the ruling and now seeks to be allowed to proceed with the assignment before the August 8 election. Nasa is represented by James Orengo and Sam Sihanya while Jubilee has Ahmednasir Abdullahi and Fred Ngatia.

Waweru is represented by lawyer Harisson Kinyanjui. Other party in the appeal is presidential hopeful Ekuru Aukot while Al Ghurair, through lawyer Waweru Gatonye, is an interested party.

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