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Summary of court of Appeal ruling on printing of Presidential ballot papers


1. Nasa Appeal dismissed. The court upheld High Court decision thatNasa was merely rumour mongering on the links between President Kenyatta and Alghurair Printing Company.

2. Invite to open tendering in itself is public participation. In the Procurement process

3. Public participation is NOT a Mandatory requirement in Direct Procurement

4. IEBC did NOT adopt Direct Procurement to avoid competition therefore did not violate the law.

5. The law does not REQUIRE Public Participation in Direct Procurement

6. A sixth of the contract cannot be held as Invalid and the rest as valid

7. No constitutional or legal requirement that there must be Public Participation before adopting a method of procurement

8. The Final decision to award a bid belongs to the procuring entity. (In this case IEBC has a right to make a final decision on who wins a bid)

9. For avoidance of doubt, Elections this year will be on 8/8/2017

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