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February 22, 2018

NASA loses cross-appeal on Uhuru links to Al Ghurair

"The judges said the High Court did not make a mistake."
"The judges said the High Court did not make a mistake."

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.

Read: NASA links Jubilee officials to Al Ghurair tender, wants Chiloba sacked

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.

More on ruling: Appeals court to determine Al Ghurair ballot papers tender case on July 20

Also read: We have never met Uhuru, Al Ghurair now claims in affidavit

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