Justice George Odunga
The High Court Friday declined to bar a case in which NASA wants the IEBC ballot paper tender cancelled and asked Chief Justice David Maraga to appoint a three judge bench to hear the matter.
Justice George Odunga also directed that presidential candidate Ekuru Aukot, the Attorney-General and the Jubilee Party be enjoined in the suit.
He, however, declined to stop the execution of the tender awarded to Al Ghurair Printing and Publishing. The case will be heard on Tuesday next week and parties are required to file their responses expeditiously.
In his ruling, Odunga (pictured0 said the matter raised by NASA was weighty touching on the Constitution and fair administration of justice.
“I have considered the submissions made by counsel and have come to a conclusion that there is no doubt the matter is of great public interest and should be urgently determined,” he said. “I direct that all parties be heard in this stage. That the file be taken to the Chief Justice to appoint a three-judge bench and direct that the matter be heard on Tuesday at 2pm.” The case, filed against IEBC seeks to cancel the tender on account of alleged fraud and lack of consultation. NASA’s Raila Odinga has accused IEBC of ignoring voices of suspicion and fear over involvement of Al Ghurair over alleged links to the Kenyatta family.
NASA said IEBC acted against the law, and wants the court to quash the deal between IEBC and Al Ghurair.
It also wants the court to compel IEBC to procure printing services afresh, this time involving the public and expressly bar Al Ghurair from participating. CJ Maraga later appointed judges Joel Ngugi, Odunga and JJ Mativo to hear the case as directed by the High Court.