ELECTORAL COMMISSION OF KENYA v ATTORNEY GENERAL & 2 OTHERS [2007] KEHC 755 (KLR)
- Court
- High Court of Kenya
- Case number
- 755
- Citation
- [2007] KEHC 755 (KLR)
- Decided
- 20 July 2007
The Court upholds the preliminary objection to the amended application, upholds objections raised by the Attorney General and interested parties, and disallows the invocation of Section 84 of the Constitution.
Facts
The Electoral Commission of Kenya (ECK) filed an Amended Originating Motion seeking interpretation of the Public Procurement and Disposals Act 2005, alleging infringement of its functions and rights. The ECK had invited tenders for printing materials essential for elections and voter education, which were awarded to a successful bidder. An unsuccessful bidder challenged the award, leading to a preliminary objection.
Issues
- Interpretation of the Public Procurement and Disposals Act 2005
- Autonomy of the Electoral Commission of Kenya
Reasoning
The Court finds that Section 41(9) of the Constitution does not provide procurement as a function of the Electoral Commission of Kenya. However, the ECK has established that the Procurement Review Board is a tribunal with powers to annul tenders issued by the ECK, potentially affecting its autonomy.
Outcome
The Court upholds the preliminary objection and disallows the invocation of Section 84.
Authorities cited
Legislation (3)
- Public Procurement and Disposals Act 2005
- Exchange and Audit (Public Procurement) Regulations 2001
- Constitution of Kenya
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