Nipate

Forum => Kenya Discussion => Topic started by: Omollo on July 07, 2017, 05:59:29 PM

Title: Al Ghurair Tender: High Court Strikes Down Award
Post by: Omollo on July 07, 2017, 05:59:29 PM
Looks like all branches have turned slippery for Ape Jubilee ...

Quote
The High Court has ordered the electoral commission to advertise new tender for printing presidential poll ballots.

However, Dubai-based Al Ghurair company will proceed with the printing of ballots for other races, judges Joel Ngugi, John Mativo and George Odunga said on Friday.

In their judgement, the judges faulted IEBC for failing to consult all candidates in the August poll before awarding the Sh2.5-billion tender to Al Ghurair.

The commission also did a shoddy job on public participation as required in law, the judges said.

The judgement is a big victory for the National Super Alliance (Nasa) and its candidate Raila Odinga who had opposed the tender award, arguing that its favoured Uhuru Kenyatta, his arch-rival in the August 8 polls.


Title: Re: Al Ghurair Tender: High Court Strikes Down Award
Post by: Kichwa on July 07, 2017, 06:11:10 PM
We are on track to our long held aspirations of " a country of laws NOT of powerful well connected monied men".

Looks like all branches have turned slippery for Ape Jubilee ...

Quote
The High Court has ordered the electoral commission to advertise new tender for printing presidential poll ballots.

However, Dubai-based Al Ghurair company will proceed with the printing of ballots for other races, judges Joel Ngugi, John Mativo and George Odunga said on Friday.

In their judgement, the judges faulted IEBC for failing to consult all candidates in the August poll before awarding the Sh2.5-billion tender to Al Ghurair.

The commission also did a shoddy job on public participation as required in law, the judges said.

The judgement is a big victory for the National Super Alliance (Nasa) and its candidate Raila Odinga who had opposed the tender award, arguing that its favoured Uhuru Kenyatta, his arch-rival in the August 8 polls.


Title: Re: Al Ghurair Tender: High Court Strikes Down Award
Post by: Omollo on July 07, 2017, 06:16:46 PM
Standard
 (https://www.standardmedia.co.ke/article/2001246504/court-orders-fresh-tender-process-for-presidential-ballot-printing)
Quote
High Court has ordered a new tender process for presidential ballot papers printing saying Independent Electoral and Boundaries Commission (IEBC) failed to facilitate sufficient public participation in the process.

IEBC had awarded the Sh2.5 billion tender to Dubai based Al Ghurair Printing and Publishing Company Ltd.

However the orders does not affect printing of ballot papers for the other electoral positions.

The court noted that the orders will not affect the August 8 election date.
Title: Re: Al Ghurair Tender: High Court Strikes Down Award
Post by: vooke on July 07, 2017, 06:19:39 PM
Jubilee is on record that not even Spectre International printing can affect their sure victory.

So I was not even expecting them to be heavily invested in the ruling. But, you bet they sure are rattled.

Question is, is there was no public participation in the tendering, they can't anyone rush to court and halt printing ballots of the other five elections?
Title: Re: Al Ghurair Tender: High Court Strikes Down Award
Post by: Kim Jong-Un's Pajama Pants on July 07, 2017, 06:45:51 PM
I think it cuts too close to the elections.  Suppose there are 2 weeks to award of the tender.  Maybe another week to print the ballots.  You are looking at the ballots arriving in the country at the end of the month earliest.  Then they should be distributed to all the polling stations by the 8th.  With one shot to get it right.  All of it in the hands of an agency that never seems to have its shit together at the right time.
Title: Re: Al Ghurair Tender: High Court Strikes Down Award
Post by: Omollo on July 07, 2017, 06:47:53 PM
I had decided not to waste my time responding to anything you write but I have decided to make exceptions from time to time.

The case apart from lack of consultation (which would not have been enough) waqs built on conflict of interests. One of the candidates for President has had an unhealthy contact with the printer of the ballots for President.

Now if the lower candidates can prove the same, I am sure the court will entertain their pleas. I have had the judgment read for me and will be getting it. So why don't you wait, read it, then begin to conjure up suppositions and hypothetical situations?

We all (I assume) want free and fair elections. I doubt that Spectre printing the ballots would accord Kenyans the product they want. FYI it is Ruto who said that and was joined in by the Ntimamas and Chotaras of Jubilee. As their avenues for stealing the elections narrow, I doubt they will continue with such bravado. They are now down to capturing polling stations and stuffing ballots by GSU. Won't happen. NASA support is so overwhelming cheating is a non starter.

Jubilee is on record that not even Spectre International printing can affect their sure victory.

So I was not even expecting them to be heavily invested in the ruling. But, you bet they sure are rattled.

Question is, is there was no public participation in the tendering, they can't anyone rush to court and halt printing ballots of the other five elections?
Title: Re: Al Ghurair Tender: High Court Strikes Down Award
Post by: Omollo on July 07, 2017, 06:49:52 PM
That argument was not even advanced by the iEBC even though it was preemptively addressed by NASA. There are multiple precedents for ballots being taken for printing a week to elections.
 
I think it cuts too close to the elections.  Suppose there are 2 weeks to award of the tender.  Maybe another week to print the ballots.  You are looking at the ballots arriving in the country at the end of the month earliest.  Then they should be distributed to all the polling stations by the 8th.  With one shot to get it right.  All of it in the hands of an agency that never seems to have its shit together at the right time.
Title: Re: Al Ghurair Tender: High Court Strikes Down Award
Post by: patel on July 07, 2017, 06:52:33 PM
Adults should step in and admit IEBC as constituted cannot run jack....voters register is in shambles and now ballot printing. At this point how can we have free,  fair and credible elections when all these ingredients are missing?   
I think it cuts too close to the elections.  Suppose there are 2 weeks to award of the tender.  Maybe another week to print the ballots.  You are looking at the ballots arriving in the country at the end of the month earliest.  Then they should be distributed to all the polling stations by the 8th.  With one shot to get it right.  All of it in the hands of an agency that never seems to have its shit together at the right time.
Title: Re: Al Ghurair Tender: High Court Strikes Down Award
Post by: Kim Jong-Un's Pajama Pants on July 07, 2017, 07:08:47 PM
That argument was not even advanced by the iEBC even though it was preemptively addressed by NASA. There are multiple precedents for ballots being taken for printing a week to elections.
 
I think it cuts too close to the elections.  Suppose there are 2 weeks to award of the tender.  Maybe another week to print the ballots.  You are looking at the ballots arriving in the country at the end of the month earliest.  Then they should be distributed to all the polling stations by the 8th.  With one shot to get it right.  All of it in the hands of an agency that never seems to have its shit together at the right time.

On paper it looks like a straightforward process.  40833 polling stations getting the correct number of ballot papers.  Even in the best of times, one of the first things you read about on election day are delayed or missing ballot papers.
Title: Re: Al Ghurair Tender: High Court Strikes Down Award
Post by: Omollo on July 07, 2017, 07:21:33 PM
Termie

It is not like the IEBC delivers ballot papers to polling stations weeks in advance. They have not even completed the hiring and training of their own staff.

Normally these ballots are placed in central locations around the country and delivered early morning to the various poling stations. Jubilee now has the problem of how to pre-mark those ballots. many of the avenues for stealing are so truncated they now have just a few by Muhoro and Karangi.

They are still trying to set up access to the database so they can vote remotely for people around the country who will upon going to the stations be told they have already voted.
Title: Re: Al Ghurair Tender: High Court Strikes Down Award
Post by: Omollo on July 07, 2017, 07:24:59 PM
Title: Re: Al Ghurair Tender: High Court Strikes Down Award
Post by: Kichwa on July 07, 2017, 07:48:04 PM
IEBC very strategically gave Al Ghurair this tender at the last minute believing it will prevail on the argument that it is too late. I am glad the court called their bluff.  Let us not just think of this elections but think of the future elections. IEBC is now on notice that the court will not be played like that. Those old games need to stop now.

Title: Re: Al Ghurair Tender: High Court Strikes Down Award
Post by: vooke on July 07, 2017, 09:54:14 PM
I had decided not to waste my time responding to anything you write but I have decided to make exceptions from time to time.

The case apart from lack of consultation (which would not have been enough) waqs built on conflict of interests. One of the candidates for President has had an unhealthy contact with the printer of the ballots for President.

Now if the lower candidates can prove the same, I am sure the court will entertain their pleas. I have had the judgment read for me and will be getting it. So why don't you wait, read it, then begin to conjure up suppositions and hypothetical situations?

We all (I assume) want free and fair elections. I doubt that Spectre printing the ballots would accord Kenyans the product they want. FYI it is Ruto who said that and was joined in by the Ntimamas and Chotaras of Jubilee. As their avenues for stealing the elections narrow, I doubt they will continue with such bravado. They are now down to capturing polling stations and stuffing ballots by GSU. Won't happen. NASA support is so overwhelming cheating is a non starter.

Jubilee is on record that not even Spectre International printing can affect their sure victory.

So I was not even expecting them to be heavily invested in the ruling. But, you bet they sure are rattled.

Question is, is there was no public participation in the tendering, they can't anyone rush to court and halt printing ballots of the other five elections?
Responding to me is a privilege I afford you, be grateful.

NASA provided silly newspaper cuttings and that stupidity was thrown out. If you had more evidence, you failed NASA

Title: Re: Al Ghurair Tender: High Court Strikes Down Award
Post by: vooke on July 07, 2017, 10:02:33 PM
It is wise to note that it was Ekuru who went with Public Participation angle. NASA was all gossip, bar talk and innuendos and they failed.

Title: Re: Al Ghurair Tender: High Court Strikes Down Award
Post by: RV Pundit on July 08, 2017, 01:52:55 PM
The most stupid judgement - I am suprised Maraga has not woken up from slumber to constitute a court of appeal bench to have this heard and determined over the weekend.
Title: Re: Al Ghurair Tender: High Court Strikes Down Award
Post by: Nefertiti on July 08, 2017, 03:19:28 PM
Omollo what do you have to say on this? as NASA spokesman at Nipate. Is NASA falsely claiming credit?

It is wise to note that it was Ekuru who went with Public Participation angle. NASA was all gossip, bar talk and innuendos and they failed.

Title: Re: Al Ghurair Tender: High Court Strikes Down Award
Post by: Kichwa on July 08, 2017, 03:45:46 PM
The art of making a decision is complex. The court cannot let injustice stand just because the perpetrators of injustice were clever enough to circumvent the law. The court may not have been able to rule for NASA on the collusion issue but may have been motivated by it. Courts have to be very careful in their language than the advocates.
Title: Re: Al Ghurair Tender: High Court Strikes Down Award
Post by: Kim Jong-Un's Pajama Pants on July 08, 2017, 04:32:08 PM
Omollo what do you have to say on this? as NASA spokesman at Nipate. Is NASA falsely claiming credit?

It is wise to note that it was Ekuru who went with Public Participation angle. NASA was all gossip, bar talk and innuendos and they failed.


Technically they lose.  Factually they win.
Title: Re: Al Ghurair Tender: High Court Strikes Down Award
Post by: Higgins the genius on July 08, 2017, 05:02:13 PM
I'm a huge advocate for public participation but that ruling leaves a lot to be desired. For example, at what point should public participation take place? Before IEBC decides on the method of procurement or after they've decided on direct procurement but before awarding the tender or after deciding on Al Ghurair but before awarding the tender?

And what would be the aim of the public participation? It can't be to decide on the method of tender since only direct procurement is viable. It can't be to decide on who to award the tender cos members of the public have no capacity to evaluate potential suppliers. And it can't be to ventilate on who has been suggested since they don't have capacity.

And suppose there's significant disagreement with what IEBC proposes? What happens then? Do they start afresh?

There's an actual possibility this tender process could go on in perpetuity
Title: Re: Al Ghurair Tender: High Court Strikes Down Award
Post by: Kichwa on July 08, 2017, 05:15:13 PM
Its obvious that this court believes that  if there was enough/proper public participation, the issues of Al Ghurair relationship to the first family would have been brought up.  Public participation is therefore very important and that is why the court is focusing on it.

I'm a huge advocate for public participation but that ruling leaves a lot to be desired. For example, at what point should public participation take place? Before IEBC decides on the method of procurement or after they've decided on direct procurement but before awarding the tender or after deciding on Al Ghurair but before awarding the tender?

And what would be the aim of the public participation? It can't be to decide on the method of tender since only direct procurement is viable. It can't be to decide on who to award the tender cos members of the public have no capacity to evaluate potential suppliers. And it can't be to ventilate on who has been suggested since they don't have capacity.

And suppose there's significant disagreement with what IEBC proposes? What happens then? Do they start afresh?

There's an actual possibility this tender process could go on in perpetuity
Title: Re: Al Ghurair Tender: High Court Strikes Down Award
Post by: Omollo on July 08, 2017, 06:53:01 PM
Since you generally write pro Jubilee crap that is lacking in logic except the bigotry of "we are Kikuyus so we shall win", be grateful that I even bothered to respond. This board has sunk in quality since you returned from whatever hole you went to hide in.

NOT all evidence that is provided to a court is admissable and all advocates try their lack. You would know that if you paid attention to every rejection Uhuru's cousin Githu Muigai and that shyster Njee Muturi have suffered in the courts when their entire arguents have not just beeb rejected but ridiculed by the judges as well.

Uhuru Kenyatta refused to hand over the state house visitors log to NASA contrary to the constitution. NASA had no choice but to try to use newspaper photos (which the media has published and Uhuru Kenyatta has NOT denied!). So please, I never really thought of you as a sharp brain all these years but I think you are capable of telling between what is inadmissible in court even if universally acknowledged to be true. For example the videos of Kuria, Kabogo, Waititu and many other Kikuyu tribesmen spreading ethnic hate have not been admitted by the courts and therefore the Kikuyu hate mongers are walking free among their own and others spreading more hate (Waititu for instance asking for non Kikuyu policemen to be removed from Kiambu). No sensible person (apart from a bigot and thief) can claim that those bozos are innocent.

Lastly it does not matter if all the grounds for seeking a prayer were not accepted as long as the prayer was granted. Your argument is akin to a a man condemned to death for murder who celebrates the fact that he was acquitted for 70 other murders and only convicted of one. Only he can tell the difference and celebrate not getting 70 death sentences! You think through your asshole.


Responding to me is a privilege I afford you, be grateful.

NASA provided silly newspaper cuttings and that stupidity was thrown out. If you had more evidence, you failed NASA