Al Ghurair Tender: High Court Strikes Down Award

[Omollo]

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

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.

[Kichwa]

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 ...

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.

[Omollo]

Standard

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.

[vooke]

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?

[Kim Jong-Un's Pajama Pants]

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.

[Omollo]

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?

[Omollo]

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.

[patel]

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.

[Kim Jong-Un's Pajama Pants]

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.

[Omollo]

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.

[Omollo]

When they've received the news that the the court have halted the printing of ballot papers by the company they preferred.#Sabasaba news pic.twitter.com/19FueTSL6K

— Governor Mdogoh (@GovernorMdogoh) July 7, 2017

[Kichwa]

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.

When they've received the news that the the court have halted the printing of ballot papers by the company they preferred.#Sabasaba news pic.twitter.com/19FueTSL6K

— Governor Mdogoh (@GovernorMdogoh) July 7, 2017

[vooke]

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

[vooke]

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.

Cheap and #FakeMedia repeats it again. @TEAMNASA_KE lost all its argument in court. Only @Thirdwaykenya's arguments won the day pic.twitter.com/xT2H4NErCp

— Ekuru Aukot (@EAukot) July 7, 2017

[RV Pundit]

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.

[Nefertiti]

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.

Cheap and #FakeMedia repeats it again. @TEAMNASA_KE lost all its argument in court. Only @Thirdwaykenya's arguments won the day pic.twitter.com/xT2H4NErCp

— Ekuru Aukot (@EAukot) July 7, 2017

[Kichwa]

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.

[Kim Jong-Un's Pajama Pants]

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.

Cheap and #FakeMedia repeats it again. @TEAMNASA_KE lost all its argument in court. Only @Thirdwaykenya's arguments won the day pic.twitter.com/xT2H4NErCp

— Ekuru Aukot (@EAukot) July 7, 2017

Technically they lose.  Factually they win.

[Higgins the genius]

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

[Kichwa]

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