When somebody throws a country into a crisis by making juvenile mistake in law - then this call for investigation. Orengo files cases almost exclusively thro Odunga. I think someone need to petition JSC to investigate why despite marrying Orengo niece - Odunga has not reclused himself but continues to make obviously biased decision - making kenyans lose faith in judiciary.
COURT OF APPEAL - GO ON AND PRINT PRESIDENTIAL BALLOTS
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
Unfortunately you cannot pick and chose your judges and I hope Magara will protect his judges against cleansing. The bench is supposed be diversified. What happens when you lose the next case with the same bench, are you going to ask for their removal. This is not a big deal lose for NASA but it was necessary for them to put the tendering issue on the table. This is how the electoral system matures. Next elections, Kenyans will be very educated in the tendering process and IEBC will have to do it right because folks are now very educated on this matter.