High Court judge George Odunga
The Public Procurement and Review Board (PPRB) has faulted High Court Judge George Odunga for ordering the Independent Electoral and Boundaries Commission (IEBC) to re-advertise the Sh2.5 billion ballot papers tender.
In an opinion to the IEBC, seen by The Standard on Sunday, the Paul Gicheru-chaired board said the judge overstepped his mandate as the law requires that it is the only body that can order a Government entity to re-tender an irregularly issued contract.
The PPARB says the judge created a conflict, as there are two decisions still standing over the deal.
According to the board, Justice Odunga did not issue any orders against it, thus the orders it had issued allowing the IEBC to continue with the project is still standing and unchallenged.
“These decisions are clearly contradictory and the Board has never witnessed a situation where there are two decisions, one by the Board and another by the High Court,” says the board. In effect, the board is asking the electoral agency to ignore the court order.
According to PPARB, the Court of Appeal has set a precedent that if its decision is not challenged within 14 days, the orders become final. The board adds that the judge sat on the appeal whereas the prayers before him were to review the orders given.
Justice Odunga, in his judgment, directed the IEBC to start afresh the tender process of procuring ballot papers, election results declaration forms and poll registers. He nullified the contract awarded to Al Ghuraiar Printing and Publishing Company on grounds that the commission was not properly constituted at the time the contract was signed.