African Press International (API)

"Daily Online News Channel".

Kenya’s December presidential elections may be postponed for one year

Posted by African Press International on September 7, 2007

By Evelyn Kwamboka

The General Election could be delayed following a court order temporarily stopping the award of a tender for printing electoral materials.

Lithotech Esports (Pty) Ltd of South Africa, obtained the orders on Thursday, claiming two companies awarded the tender by the Electoral Commission were not qualified for the job.

Universal Print Group (Pty) Ltd and Smith & Ouzman Ltd were awarded the tender to print and supply ballot papers for this year and 2008.

Universal got the tender for the materials in respect of referendums, presidential and local government elections while Smith clinched that for parliamentary elections.

The South African company told the court that ECK erred in evaluating tenders. It alleges that ECK used in its evaluation a criterion not provided for in the tender documents.

Lady Justice Roselyne Nambuye issued the orders stopping ECK from implementing the award until September 11.

On this date, an application to completely stop the commission until a Judicial Review case to be filed is heard and determined will be argued inter-parties.

The judge allowed the South African company to apply for orders seeking to quash ECKs decision on the tenders in its Judicial Review application.

The court granted leave to the firm to apply for orders directing ECK to award the tender to it. It was also granted leave to apply for Judicial Review for an order of prohibition directed against ECK.

The order is to forbid ECK from implementing the awards, executing any contract with the alleged successful bidders and placing orders of Local Purchase Orders.

Through its lawyer, Mr S Owino, the company said if the tender were to be evaluated transparently, it ought to have been the successful.

ECK advertised in February and March for prequalification and tender for printing and supply of ballot papers for the period up to June 30 next year.

The case comes barely two months after the Constitutional Court allowed ECK to contract a firm to print electoral materials for the General Election.

Lifted and published by Korir, API*APN tel +47 932 99 739 or +47 6300 2525

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