There is a danger that the IEBC may be unable to work within the remaining five-and-a-half months to deliver the general election.
The court ruling that cancelled the contract to print the August 8 ballot papers has just immensely complicated the IEBC’s work.
Cord challenged the deal awarded to a Dubai-based company, arguing due process was not followed.
The IEBC does not have enough time, it seeks permission to single source, a company is hurriedly sought and agrees to print the ballots quickly, but at an exorbitant price, and the taxpayer bears the burden.
A lot of litigation goes on in Kenya, with companies that lose tenders immediately petitioning for a review.
Unless there is clear misconduct, the losing bidders should not hold important national undertakings hostage in a gamble for profits.
And the courts need to raise the thresholds.
Why should the entire country be at risk of not holding a scheduled election because of some obscure business rivalry?