What Impact Does NASA Winning Ballot Tender Case Have To The Coming Elections.
Does IEBC have enough time to re-advetise ballot paper printing tender?
We have just 30 days to go to election day, check out the election time countdown from my blog below.
Is this a recipe for a constitutional crisis?
– No it is a great thing because a judge of the high court has re-affirmed that there is required public participation in public procurement. That’s a major victory, there is enough time and the court also said ‘you can do direct procurement but you must adhere to the constitutional principals and also the values of public participation; and especially on an issue of motive and public interest as “Printing Of Ballot Papers”.
- Yes, because we do not have enough time which I slightly agree on; and this is a clear recipe of chaos and di-order. The constitution is very clear that the IEBC, is given the full mandate to be responsible to be conducting and supervising elections. Now there is a sense in which; the part of the role of IEBC is to conduct who will print the ballot papers. So I don’t think candidates have any legitimate concern, as long as the procurement laws are followed to know who is procuring it.
IEBC said that it will appeal the court decision on the printing of the presidential ballot papers, arguing that the judgement has far-reaching implications on the elections. As a result, the commission has instructed its advocates to appeal the decision.
IEBC says the decision was regrettable given the urgency to prepare for free fair election and credible elections in 30 days.
IEBC is going to appeal and which will further delay the process, but IEBC made its bet and they must lie on it; Here is the reason why am saying that: The public procurement over-site review board had squashed an award that was given to the same Al-Ghurair, because of again procedural issues and also areas where IEBC acted outside the statue. Again the High Court did the similar thing, and Squashed the Al-Ghurair; having done that in order to defeat all those decisions of the High Court and the public procurement board. They went again and in a rush awarded direct procurement to the same firm. IEBC had teamed its mind to award this contract to a particular tender outside; even the constitutional provision requires that where they make a decision to go for public procurement; where yet we require competitive procurement they should have consulted the public. And now even to go further, one of the presidential candidate (and we have to say this because the judges also talked about it) was never consulted was never invited. And am not ashamed to say that the presidential candidate is a qura of court and the controverted evidence to that assertion.
So keeping all this into account we need to have the public participation, involvement of all the presidential candidates and advertising the tender? Our question was do we have time? Yes We do, and am insisting we have because the judges have told IEBC, you can even go direct procurement. Tomorrow (which is today 8th of July) you can do it. But do it within the confines of law or public participation; and public participation as a principal and a value that is providing in Article 10, is not just a flowery language their. It is supposed to be adhered to and the argument that there are no rules with regard to public participation in public procurement does not bar any public institution from adhering to the constitution of provision.
So now with the August 8, deadline having to be adhered its certain stone in the supreme law, if we don’t make that day or date which I still don’t believe we will. On the question that; there is no enough time? It is IEBC that is now actually squeezing that time further; remember they want to appeal. They should start complying with the constitutional provisions from yesterday, they have just been reminded if they want to still squeeze that time then they are the one’s who are making it hard for themselves. Because it is not guaranteed again that f you go to the court of appeal; the court of Appeal is going to agree with them and they are going to succeed in the Appeal.
If the court of the Appeal again within their time ( and we don’t know the timeline of the coat of Appeal; they have to say when they are going to listen to the matter, the arguments are going to be done and when they are going to render their judgement. We are not guaranteed that they are going to succeed in that and they are going to be upheld at what the decision of the High court then stays; they would have lost the time.
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