IEBC: Judge Odunga’s ruling will have colossal damage in the August 8th elections

IEBC: Judge Odunga’s ruling will have colossal damage in the August 8th elections

The Independent Electoral and Boundaries Commission (IEBC) has criticized yesterday’s  court ruling cancelling Sh2.5 billion tender for the supply of ballot papers awarded by the commission to a Dubai-based printing firm.

The commission says that it is shocked that the court annulled the tender awarded to Al Ghuraiar Printing and Publishing Company on grounds that the procurement process did not comply with election laws.

READ MORE: IEBC: We don’t have time for party nominations

Ezra Chiloba, IEBC Chief Executive Officer and Secretary to the commission on a tweet on Monday said the court decision has drawn the electoral commission into a state of disarray with ‘Huge implications for next elections’

“My view: Just finished reading the 145 page judgement by Odunga J on the ballot paper contract. Huge implications for next elections,” Chiloba tweeted yesterday.


Opposition coalition cord had moved to court challenging awarding of the tender saying it was done illegal.

In his ruling yesterday, Justice Dennis Odunga directed the IEBC to start the tendering process afresh in compliance with the Constitution and provisions of the Public Procurement and Asset Disposal Act.

“Basically what Odunga judgment means is that all decisions made by IEBC in the last three months were null and void,” Chiloba complained in another tweet.


He held the decisions taken by Justice Odunga may have colossal repercussions on the commission preparedness for the August 8th elections.

READ MORE: No BVR kits found during police raid in Eastleigh, says IEBC.

In another peep, a seemingly angry Chiloba lamented all the decisions his commission has undertaken in the last three months have been rendered null and void.

“From Oct 6, 2016, Decisions on by-elections, ballot papers, audit, staffing, KIEMS, registration, ICT regulations all NULL & VOID. Less than 6 months to restart key GE processes. Looks like it,” he criticised.

Cord had said the tender awarding was not done in compliance with the amended election law.


Senior counsel James Orengo appearing for the opposition told the court, the specification for ballot papers, result declaration forms and poll registers as contained in the tender documents were not in conformity with requirements of the electoral laws which establishes electronic voting system.

The amended election law requires a register of voters that captures the biometric data, which includes finger prints of a voter, hand and earlobe geometry, voice waves and signatures, among other things.

READ MORE: Elections Law Amendments necessary, IEBC maintains

“The declaration forms do not comply with the prescribed form of tabulated results of an election for the President from a polling station to the tallying centre,” Orengo said.

But, IEBC refuted the claims and accused the opposition of trying to politicise the procurement techniques and introducing things that fall outside the process of public procurement.


The commission defence documents to the court said the tender was done in accordance with law and urged the court to dismiss the case.

The amended election law requires a register of voters that captures the biometric data, which includes finger prints of a voter, hand and earlobe geometry, voice waves and signatures, among other things

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