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Nasa case against KPMG dismissed, court says it lacks clarity

The Opposition has lost its bid to stop award of tender for audit of voter register to KPMG.

High Court judge Enoch Chacha Mwita on Thursday struck out the case which was filed last December seeking to stop the tender award to the audit firm.

In his ruling, Justice Mwita upheld arguments by Independent Electoral and Boundaries Commission (IEBC) and KPMG that the case was ‘incompetent’.

He has however pointed out that the suit had raised serious issues of law but, only, lacked clarity.

Justice Mwita faulted the Opposition for preparing the suit in a hurry hence did not pay much attention to details which have resulted to disharmony in the kind of orders they were seeking.

Justice George Odunga had issued an order stopping the electoral agency from advertising the tender for the audit of the voter register as per the amended election laws when the Opposition first moved to court.

Even though IEBC had already put that information on its website on December 19, Justice Odunga ordered that the decision about the implementation of the tender award to remain suspended, pending the hearing and determination of the case.

The audit is meant to authenticate genuine voters in the register by weeding out ghost voters who may include names of the dead, the underage and double registration.

Justice Odunga however recused himself from hearing the case and declined to refer it to the Chief Justice to constitute a three judge bench to determine it.

According to Justice Mwita, he could not grant any reprieve orders because of the lack of clarity in the case documents a technicality which resulted to the failing of the case.

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