Following the decision by three High Court judges to nullify the tender for the printing of presidential ballot papers by the Dubai-based Al-Ghurair Printing and Publishing firm, Nasa which had filed the case may claim victory, but in real sense, it lost the case terribly. This is why.
First, almost all the allegations it had anchored its case upon, were thrown through the window by the three judges. The judges only nullified the tender for the printing of presidential ballot papers on the basis that IEBC had failed to engage the public. Actually, it emerged that President Uhuru Kenyatta and Nasa flag bearer Raila Odinga had fully been engaged apart from the other presidential candidates.
“The failure to consult all the presidential candidates was unfair. IEBC should have treated all the candidates equally,” the judges ruled.
Second, Nasa had asked the court to lock out Al-Ghurair from the tender to print the presidential ballot papers and any other for future elections. The judges expressly turned down the request, meaning that the company can still be considered to print the presidential ballots.
Third, NASA's claims that Al-Ghurair had close links with President Uhuru Kenyatta was rubbished by the judges. They faulted Nasa for relying on newspaper articles to prove the alleged relationship between Al-Ghurair and President Uhuru.
They said newspaper articles on their own, are inadmissible in law, and if allowed, may encourage instances where parties may in future seek to influence such publications and then use them in court in a manner that would prejudice other parties in the case.Also, the judges said Nasa had failed to prove that there was a relationship between the President and Al-Ghurair directors.IEBC through its Chairman Wafula Chebukati has, however, vowed to appeal the High Court ruling.