Is IEBC Working Indirectly With Jubilee And Nasa With Courts?
Tomorrow IEBC will be moving to court we are expecting a ruling, basically IEBC wants the verdict given earlier to be nalyfied: What is the way forward really? And also considering we don’t have time to August 8th polls are we being fair to the IEBC?
So before we answer this I’ll base my points in two different positions and see from either side.
Reason One: NOT IN SUPPORT OF THE APPEAL;
Things can be done in an hour or day so it depends on how much time they, IEBC need. Let us get it this way; IEBC cannot be leading us on a wrong path and every point they were being reminded that please you are doing the wrong thing and they continue and the court has intervened now for the second time, asking them to do the correct thing, again they refused to do the correct thing by appealing. So the time goes and we will reach a point of no return; Let us put it this way, on the aspect of time that we should talk about that they have time. If we were to do open tender system under our laws you have 21 days, and we have more than 21 days now in which to conclude it and within it would be delivered.
- And even the previous one the Al Ghurair had given commitment that they would do it within 21 days. So we have time
- and secondly we have the second aspect of procurement tender which is restricted tender, that could even take a week.
- Thirdly we have the direct tendering process that could take hours.
Remember that if this companies that are engaging at ruling international, the printing of ballot papers and here we are talking of only presidential ballot papers which could take not more than a day. From the furthest point of this continent to Nairobi which I think would suppose to be the tip of Australia we would need maximum twelve, 12 hours to fly the ballot papers here: So the issue of time let us not use it at all. Secondly to all and to you my reader, should we allow our people to bridge the law and constitution simply because they take an excuse that they do not have time?
The court has proclaimed his self on this matter , the court has said you must take public participation and that they must do it. That appeal and etcetera is wasting more time, So my position is simple; we have enough time, we have enough personnel and the court has proclaimed. Unless IEBC is fully composed of incompetent people who are who are unable to appreciate and interpret the judgement that was handed over to them.
Reason two: NOT IN SUPPORT OF THE APPEAL.
From Adoyo Owidi Political Analyst
IEBC is taking cue from Jubilee; they are taking it from their, they are listening to them, they are watching their body language. In-fact when I saw the president throwing tantrums the other day that IEBC is being used, he was sending a message to them. That you know this is not what I expect from you, you need to do it the other way round. Because telling me about time, I read some where that the standard group prints up-to a million copies of the standard a day. Of average 40 pages how many are those? And you start that thing in the evening and by midnight they are in Kisumu, so we are talking about 60 million copies, pages, so that printing time is no longer an issue here. And I also want to ask: What irreparable damage would IEBC suffer if it re-tendered for this thing?
And when you see the president make soo much about it, it is not about this latest court ruling. It was about the old one, of counting and declaring results. But there he did not have a good reason to make noise, so he took these two together and had enough adrenaline to make so much noise. So I think the whole issue here is not IEBC, IEBC has formed a tag team with Jubilee and they are taking instructions, in directly from Jubilee do what they ought to do. Because I do not see any irreparable damage they ought to suffer they re-tendered for this thing in the public interest.
Reason Three; IN SUPPORT OF THE APPEAL
I think the step IEBC has taken to is correcting wrong, because they are allowed to appeal if they feel agreed by the decision. But just want to say something out; an option to review the conclusions and findings of the court on that particular matter. And I have a very serious concern about it because
One if you read it you will see the judges are saying, they are not very clear what the applicant, that is NASA is asking for and I find it that strange because they had an opportunity to interrogate the counsels of the IEBC… of the NASA in that finding.
Secondly they have gone further and said there is the issue of judicial review which is what NASA have gone through. Seeking certain actions, it is the same thing what the court is saying it is the same thing like constitutional reference. So that is the serious issue as far as am concerned and I believe the judges try as much as possible to emmets the minds of Nasa in concluding what they are concluding. For example Nasa was saying that we want reprinting … the re-tendering of the presidential ballot papers. But remember when IEBC called for tender it did not separate the tender for MCA, for Women Rep, for Members Of The National Assembly, for the senators and for the president. It is one tender, why did they single out one tender, one issue for the presidential ballot papers? Why did the court do that? Why did Nasa do that?
So basically I would have expected the court to say that we are nalfying the entire tender because the argument was that their was no public participation. The question one is: Was their public participation for MCA tender, for Women Rep e.t.c?
So that issue or that Judgement to me is very serious issue and I would like to invite Kenya to look at what they have said in the conclusions and findings and you start wondering. Where are they coming from? Where are they coming from? And that is to me a very major concern and the level I agree with IEBC in making the kind of appeal they are making.
Says Karanja Kabagi, Advocate Of The High Court
Why wasn’t the whole tender squashed?
Before we get into that let us not lead our views with facts that we could easily verify as my college here would want to miss-lead our viewers. It is very unfortunate; there were parties here with was not only Nasa and Jubilee. Their was the Third Force Alliance… the Third Way Alliance sorry. What Nasa had asked for is the grounds upon which Nasa had approached the court were on biased, the procedures were not followed e.t.c If you read that Judgement carefully were not answered to in the affirmative by the court: To the contrary the court made a finding that was positive on the request made by the Third… Way Alliance. They are the one who had approached the court with issue of public participation; So let us make that clear. It is wrong to say that the court read the minds of Nasa when actually it did not address the matter positively to the Nasa approach but looked on the Third Way Alliance number one;
And number two; Very briefly the issue why are we not having presidential… the whole tender being set aside? Remember the born of contention, those ones who approached the court with the issues with what the presidential vote printing. Nobody complained about them, the MCS nobody complained about them and about the parliamentary: And besides that don’t forget about a few weeks ago the deputy president had said THEY DON’T GIVE A DAM’ WHETHER THEY ARE PRINTED BY EAST AFRICA SPECTOR SO WHAT’S THE CHANGE? They think to have had a religious commitment to Al Ghurair having this thing.
Says Onyango Oloo, Nac Secretary Spokes person.
Is IEBC working with Jubilee Party? And Is NASA working with the Courts?
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