The Court of Appeal has pronounced itself on a steamy issue pitting Jubilee, NASA coalition against the Independent Electoral and Boundaries Commission (IEBC).
The Court on Thursday ruled that an earlier ruling by the High Court that NASA’s proof that President Uhuru Kenyatta met Al Ghurair proprietors was insufficient still stands.
NASA had provided newspaper cuttings as proof that Uhuru met Al Ghurair Chairman to influence the awarding of sh2.5 billion ballot printing tender.
The five-Judge bench consisting Justices Visram Alnasir, Erastus Githinji, Roselyn Nambuye, Otieno Odiek and Jamilla Mohammed in their ruling noted that opposition did not adduce any compelling evidence to show that Uhuru influenced the awarding of the tender to the Dubai based printing firm.
“Having considered evidence on record and law, we agree newspaper cuttings produced were hearsay and therefore not admissible.
Even if admissible without proof, the court cannot treat is as sufficient evidence.”
NASA had moved to court challenging the award of the ballot printing tender to IEBC.
And on July 7, the High Court ruling stopped printing of Presidential ballot papers. IEBC however, appealed the ruling.
The five-Judge bench also overturned a ruling by the High Court stopping printing of Presidential ballot papers on grounds that it did not conduct pubic participation.
It ruled that the basis by the commission of not having conducted public participation should not be ground to halt the printing of Presidential ballot papers.
The Judges maintained that other reasons presented by NASA challenging the award of the tender do not hold water.
For example, the claim by NASA that the firm would act in bias since it has strong links with the Presidency is unfounded as there is no evidence to prove that.
NASA had claimed that Jubilee had influenced the awarding of the tender to Al Ghurair.
After the July 7 ruling by the High Court, President Uhuru and his Deputy launched an onslaught against the Judiciary accusing it of delaying elections.