OKIYA OMTATAH OKOITI v ATTORNEY GENERAL & another [2012] KEHC 5495 (KLR)
- Court
- High Court of Kenya
- Case number
- 5495
- Citation
- [2012] KEHC 5495 (KLR)
- Decided
- 26 September 2012
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPosturePetitioner seeks interim conservatory orders and declarations regarding procurement of Biometric Voter Registration KitsCoramD.S. MAJAN
Holding
The court dismisses prayers 2, 3, and 4 of the motion seeking conservatory orders. The court grants leave to file and serve an amended petition within 30 days and directs the 1st respondent to provide an appropriate response to the petitioner's letter within 21 days.
Facts
The petitioner seeks to stop the procurement of BVR kits by the IEBC, alleging corruption and lack of transparency in the process.
Issues
- Whether a Government to Government contract outs the application of and adherence to procurement laws and constitutional provisions on integrity.
- Whether integrity is a mandatory virtue for any entity contracting with the Government of Kenya or its agencies and commissions.
- Whether the petitioner can obtain full information on the procurement of BVR kits including details of the Canadian Commercial Cooperation and the process used for procurement
Reasoning
The court finds that the petitioner's allegations lack probative value and cannot form the basis for interim orders. The court also directs the 1st respondent to provide requested information.
Outcome
The court dismisses the motion and grants leave to file an amended petition.
Orders
- Prayers 2, 3, and 4 of the motion are dismissed.
- The 1st respondent is directed to provide an appropriate response to the petitioner's letter within 21 days.
- The petitioner is granted leave to file and serve an amended petition within 30 days.
Remedies
- No order as to costs.
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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