A court has upheld the High Court determination that
newspaper cuttings are insufficient proof President Uhuru Kenyatta met Al
Ghurair officials.
The Dubai-based printer and publisher was awarded the
contract to print ballot papers for the August 8 general election.
The High court stopped the printing of presidential ballot
papers following a suit filed by the National Super Alliance.
A five- judge bench was tasked with examining whether the
decision would remain.
The Court of Appeal judges are Erastus Githinji, Roselyn
Nambuye, Visram Alnasir, Jamilla Muhammed and Otieno Odek.
They ruled on Thursday that the Opposition failed to prove
Uhuru influenced the award of the tender by the IEBC.
"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 it as sufficient evidence."
The judges further said the High Court did not err in
finding the newspaper printouts insufficient proof of Al Ghurair's lack of
integrity.
"Grounds for cross appeal have no merit," the
court said, adding the printouts were of little or no value.
The judges also found that even if the meeting took place,
there wasn't a credible source to prove the tender or contract was discussed.
On bias, the five said there was no link between IEBC and
the President.
It said there was no evidence to prove claims Uhuru may have
directed the commission to award the tender to to Al Ghurair.
The High court stopped the printing of presidential ballot
papers following a suit filed by NASA whose principals are Raila Odinga,
Kalonzo Musyoka, Isaac Rutto, Musalia Mudavadi and Moses Wetang'ula.
But the commission noted it is racing against time and that
preparations for the election were thrown into total confusion by the High
Court decision.
