Petition threatens to disrupt vote

By VINCENT AGOYA vagoya@ke.nationmedia.com  ( email the author)

Posted  Wednesday, February 6  2013 at  20:05

In Summary

• Firms ask court to reverse a contract awarded for printing of ballot papers

SHARE THIS STORY

 

 0
inShare

The electoral commission on Wednesday asked a court to disregard a petition seeking to reverse the procurement of ballot papers, saying it could disrupt the General Election.

Two companies have petitioned the High Court to challenge a decision by the Independent Electoral and Boundaries Commission (IEBC) to award the contract directly to a British firm.

Kalamazoo Secure Solutions and Ren-Form CC say the IEBC flouted public procurement laws by contracting Smith and Ouzman Ltd without floating an open tender.

The firms want the IEBC ordered to start the procurement afresh.

They allege there were underhand dealings and want the commission investigated for perjury for allegedly presenting forged documents in the proceedings.

IEBC lawyers Wilfred Mutubwa and Antony Lubulellah asked Mr Justice George Odunga to dismiss the case in the interest of the public.

The judge will make a ruling on Thursday.

Mr Mutubwa said elections would be disrupted, and “it would inconvenience the IEBC and frustrate its efforts in discharging its mandate.”

Mr Lubullelah said the IEBC was grappling with financial problems and burdening it with new litigation would overstretch it.

The companies argue that the commission’s choice of direct procurement smacked of bias, preferential treatment and was a clear breach of public procurement law.

“They were aware of the election date ... we submit that they had ample time for an open tender but chose to wait until November,” said lawyer Stephen Owino.

He said the purported minutes of a meeting that approved the British company may not be credible and claimed the annexed signatures were forgeries.

On Tuesday, the IEBC said the contracted firm had completed printing the first batch of ballot papers for a presidential candidates.

Readers should confine themselves to our Blog Rules. We reserve the right to disallow any person found spreading hate.