Independent Electoral and Boundaries Commission (IEBC) v National Super Alliance (NASA) Kenya & 6 others (Civil Appeal 224 of 2017) [2017] KECA 436 (KLR) (20 July 2017) (Judgment)

Facts

The case involves the procurement of election materials by the Independent Electoral and Boundaries Commission (IEBC) and the National Super Alliance (NASA) contesting the legality of the procurement process.

Issues

1. whether public participation is a mandatory requirement in direct procurement
2. whether timelines for elections are an operational issue
3. whether direct procurement is a viable option
4. whether the contract is indivisible
5. whether a party can be held responsible for lost time
6. whether national values are justiciable
7. whether a judicial review application can be considered a constitutional petition
8. whether exceptions to the rule on certiorari orders exist
9. whether newspaper cuttings are admissible evidence
10. whether the burden of proof for a special relationship is established

Reasoning

The Court of Appeal held that public participation is a mandatory requirement in public procurement but its scope varies by method. Direct procurement has a reduced scope for participation.

Outcome

The appeal is allowed, the High Court's judgment is set aside, and the orders of certiorari and mandamus are set aside.

Authorities cited