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Good News to IEBC After the Court of Appeal Finally Issues a Major Ruling Ahead of the Elections

After the long wait, the Independent Electoral and Boundaries Commission (IEBC) can award tenders for the printing of ballot papers and electronic equipment to be used on general election day.

This is after the Court of Appeal dismissed a lawsuit filed by the companies that competed for the bid and lost it.

The companies wanted tenders for the printing of ballot papers and the purchase of electronic election equipment (Kiems) for the August 9 election.

Judges Daniel Musinga, Roselyne Nambuye and Fatuma Sichale said the court could not hear the case because it did not have the authority to do so.

"After realizing that we do not have the legal authority to hear this case, the wise thing for us to do is to dismiss it." the judges said in an April 4th ruling.

The IEBC had awarded the two tenders to foreign companies. But Risk Africa Innovatis Ltd went to court to challenge the move. A Sh3 billion bid for the printing and submission of ballot papers was awarded to an original Greek company, Inform P Lykos.

A Sh4 billion bid for the delivery, placement and maintenance of Kiems equipment was awarded to a Dutch company, Smartmatic.

These electronic devices will be used to run the general election. First, Risk Africa opposed the awarding of Kiems tenders by filing an appeal to the Public Complaints Hearing Board (PPARB).

The board canceled the bid for Smartmatic after hearing submissions from all sides. The board also ordered the IEBC to re-announce the tender within 30 days after the decision was made.

Although it did not participate in the appeals hearing at PPARB, Smartmatic, it went to the Supreme Court to challenge the board's decision.

Smartmatic said the board violated its authority when it issued the decision and that its decision was now "logical" and therefore "illegal".

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Daniel Musinga Fatuma Sichale IEBC Independent Electoral and Boundaries Commission Roselyne Nambuye


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