Appellate court ruling paves way for August 8 General Election

The Independent Electoral and Boundaries Commission’s (IEBC) appeal against a High Court’s ruling terminating the printing of presidential ballot papers tender awarded to the Dubai-based Al Ghurair firm sailed through the Appeals court yesterday. A string of earlier court losses by IEBC placed the electoral agency in a quandary, and the commissioners did not hesitate to point out they would not be able to go through all the legal requirements for a fresh tender in time for the August 8 elections.

IEBC’s concern was meritorious. The time it would take to engage the public in the procurement process as the Opposition had sought, considered alongside other requirements, would have taken longer than the 17 days left to August 8. This would have precipitated a constitutional crisis.

However, with the Court of Appeal’s verdict overturning the High Court’s earlier ruling, this headache is out of the way. The Appellate court’s ruling is commendable for observing that the High Court erred in holding public participation a mandatory requirement for direct procurement and for failing to take constitutional timelines into consideration.

Early this week, Al Ghurair delivered ballot papers for the other five elective positions of member of county assembly, member of Parliament, woman representative, senator and governor. With the latest ruling therefore, the firm should move with speed to print and deliver presidential ballot papers in good time to ensure Kenyans go to the polls as planned. This should not present any problem; logistical, pricing or otherwise, since everything is already in place, unlike if fresh tendering had been ordered.

Key players in the electoral process, particularly Jubilee, NASA, other smaller political parties and IEBC would do well to come down from their high horses, swallow their pride and realise that Kenya is greater than any of them.

Elections are not about pushing their personal agendas but the agenda of 45 million Kenyans. Nothing politicians do in their pursuit for power should jeopardise the fragile peace that their unguarded pronouncements continually threaten to shatter. In the slightly more than two weeks left, parties need to explain their manifestos and agendas for this great country.