The appellate court is currently ruling on electoral commission’s appeal against nullification of presidential ballots tender.
The Independent Electoral and Boundaries Commission (IEBC) is fighting to salvage the tender awarded to Al Ghurair Printing and Publishing LLC of Dubai.
The commission is also seeking an order stopping implementation of the judgment until its appeal is heard and determined.
High Court judges Joel Ngugi, George Odunga, and John Mativo made a finding that the commission had failed to engage in public participation while awarding the tender.
They directed IEBC to start the process afresh and come up with a framework for ensuring public participation.
In the papers filed at the Court of Appeal, IEBC argues that the judges made an error in law in finding that public participation is a mandatory precondition to direct procurement conducted as provided under the Public Procurement and Assets Disposal Act.
The commission is also dissatisfied with the order directing it to craft a programme of public participation to operationalise Article 10 of the Constitution.
