Nipate
Forum => Kenya Discussion => Topic started by: Omollo on June 23, 2017, 06:55:13 PM
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Chief Justice David Maraga has appointed three judges to hear an application challenging the awarding of a ballot printing tender to a Dubai-based firm.
The CJ has appointed High Court judges Joel Ngugi, George Odunga and John Mativo to hear the case, which has been filed by the opposition National Super Alliance (Nasa).
"Given the urgency of this matter, their Lordships are hereby authorised to sit beyond working hours, if necessary,” said the CJ in his directions.
Nasa has sued the Independent Electoral Boundaries Commission (IEBC) and Al Ghurair Printing and Publishing LLC.
On Friday morning, Justice Odunga allowed the Jubilee party, the Attorney-General, Thirdway Alliance presidential candidate Ekuru Aukot and voter Samuel Waweru to be enjoined in the suit.
Justice Odunga had noted that the matter raises weighty issues touching on the Constitution and fair administration of justice, and is also of great public interest and should be urgently determined.
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High Court refuses to suspend ballot tender
The judge had also declined to stop the execution of the tender awarded to Al Ghurair, but directed parties to file their court papers ahead of the hearing next week.
The IEBC had told the court that the contract to supply election materials, including ballot papers for the elections scheduled for August 8, was signed on June 10, 2017.
The IEBC said the artwork for the ballot papers had been submitted to the printers and the ballot proofs generated. The printing of the actual ballot papers has commenced.
The case will be heard on June 27.
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Joel Ngugi, Judge of the High Court of Kenya
Prof Joel Ngugi obtained his LLB from University of Nairobi in 1996, LLM from Harvard in 1999 and his Doctor of Juridical Sciences from Harvard Law School in 2002.
At Harvard, he was one of two recipients of the John Gallup Laylin Prize in International Law in 2002. He practised law with the Boston law firm of Foley Hoag, LLP, as a corporate and international litigation associate before joining the University of Washington law school faculty in 2004. He also practised law with Kariuki Muigua & Company Advocates in Nairobi.
Prof Ngugi has worked with the United Nations Mission in Kosovo (UNMIK) and conducted research work for the Global Coalition for Africa/World Bank, Programme on Humanitarian Policy and Conflict Research (HPCR) at Harvard University, and at the Global Trade Watch Division of the Public Citizens, Inc in Washington, DC.
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Looks like the Chief Justice is not aware of Odunga's "well-known bias". :D
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I am okay with 3 bench judge - it would take an epidemics of madness for 2 judges to grant NASA wishes. Elections have to be held on 8.8.2017. Otherwise we can as well bury the constitution and allow judges to make laws as we go.
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I am okay with 3 bench judge - it would take an epidemics of madness for 2 judges to grant NASA wishes. Elections have to be held on 8.8.2017. Otherwise we can as well bury the constitution and allow judges to make laws as we go.
I posted the CV of Ngugi because I thought someone might think lowly of him in the usual way.
I think I have worked with him in Kosovo. He was a junior officer in some unit of UNMIK UN Mission in Kosovo).
But people change so we shall see.
There is a precedent of ballots being printed 3 weeks to elections. When it was being done at the government printer the period was even shorter. Just because Al Ghurair is denied the printing does not mean no elections.
And Judges can and do form and shape the constitution and other laws.
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I hope you have international experts in printing and logistics who can convince judges that ballots can 120M and distribute to 41,000 polling station. IEBC says they are already late.
I posted the CV of Ngugi because I thought someone might think lowly of him in the usual way.
I think I have worked with him in Kosovo. He was a junior officer in some unit of UNMIK UN Mission in Kosovo).
But people change so we shall see.
There is a precedent of ballots being printed 3 weeks to elections. When it was being done at the government printer the period was even shorter. Just because Al Ghurair is denied the printing does not mean no elections.
And Judges can and do form and shape the constitution and other laws.
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If IEBC was trying not to cause problems that would favor Jubilee I think all this would be quite easy. For starters there is no need for six ballot papers. We need only one. Each Constituency can have all the six candidates.
This would eliminate usual nonsense about president getting 2 million more votes than others.
Use of technology to count. For the 20bob they are taking per ballot, I would insist on many security features to stop Jubilee printing their own at the Government printer.
I hope you have international experts in printing and logistics who can convince judges that ballots can 120M and distribute to 41,000 polling station. IEBC says they are already late.
I posted the CV of Ngugi because I thought someone might think lowly of him in the usual way.
I think I have worked with him in Kosovo. He was a junior officer in some unit of UNMIK UN Mission in Kosovo).
But people change so we shall see.
There is a precedent of ballots being printed 3 weeks to elections. When it was being done at the government printer the period was even shorter. Just because Al Ghurair is denied the printing does not mean no elections.
And Judges can and do form and shape the constitution and other laws.
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President Uhuru Kenyatta might have as well plunged himself into the murky zone surrounding the widely controversial ballot printing tender.
Moments after National Super Alliance co principal Musalia Mudavadi, raised fears over possible fraud in the printing of ballot papers, Deputy President William Ruto was quick to defend the IEBC, terming the move by NASA as “kicks of a dying horse”.
Details have however emerged, that could link Kenyatta to the awarding of the tender process.
See Also: The Open letter to IEBC Chair Wafula Chebukati doing rounds on social media
https://www.standardmedia.co.ke/ureport/story/2001243652/president-uhuru-kenyatta-might-have-as-well-plunged-himself-into-murky-waters
Links of Al Ghurair to State family
According to NASA, President Kenyatta’s younger brother Mr. Muhoho Kenyatta posed himself as the as the local agent of the company Al Ghurair Print and Publishing Company Limited of Dubai.
Further still, Al Ghurair’s chief executive Aziz Al Ghurair, has been accused of being close friend to the state family, making frequent visits to the house on the hill. His latest visit to State House being last year, as part of a Dubai delegates meeting held at State House.
The NASA principles have continued to raise alarm over fishy dealings between the state and the printing firm, noting that the printing firm has in the past been involved in serous credibility issues, going as far as being engaged in the black market trade.
Black market trades of Al Ghurair.
Despite IEBC’s argument that Al Ghurair has in the past performed excellently that led the tender being re-awarded to it, details show that the company has a history of illegal discrepancies, having never dealt with providing electoral material to democratic states.
In a speech by NASA principal Musalia Mudavadi, he expressed that the printing company has been engaged in unsatisfactory dealings to questionable governments.
“This company has been involved in deals such as Afghanistan and in all its businesses, none has been reputable nor satisfactory. It is inconclusive to say that they have ‘’excelled in the past’’, said Mudavadi.
The printing tender question however remains in the hands of the IEBC, with chairman Wafula Chebukati insisting the process will continue, despite the rising contention