maka wrote:essyk wrote:maka wrote:essyk wrote:IEBC issued their statement today at noon.
Elections must go on as scheduled.Below is their program.
10th July - Meeting with all presidential candidates.
11th July- Receive Public participation views.
12th July- Review of above.
14th.. I think is the set date to start printing??
According to chebukati the burden rests with the PPOA
to draft the framework that will act as guide for public participation.
Well, they have 9th and 10th to do all that..😦😦
The PPOA still provides room for direct procurement under the following conditions.
1. if there's urgent need for goods /services being procured
2. if because of urgency the other available methods are impractical
3.if the circumstances that gave rise to the urgency were not foreseeable and not as a result of dilatory conduct on behalf of the procuring entity.
And yes IEBC will appeal says chebs.
Do we even have time to follow due process?
Let them appeal...They will never win....
Maka buy me a soda.
Lol sawa...kujia Cargo..
Btw having listened to the Judgment it was fair
Final Orders:
1. Article 10(2) is enforceable and violation can found a Cause of action.
2. Subject to limited exceptions, as a general principle public participation is a mandatory requirement by a Public Entity.
3. In relation to Direct Procurement the Constitution and the Law is exhaustive on the subject.
4. Public participation is not mandatory in direct procurement. Direct Participation cannot be unconstitutional.
5. The High Court exercised it's jurisdiction wrongly Constitutional timelines on General Elections vis a vis timelines in Public Procurement Regulations.
Therefore;
a) The Appeal by IEBC is merited and is allowed.
b) Judgment of High Court is set aside to the extent that public participation is a mandatory requirement in direct procurement.
c) To the extent stated in this judgement the Cross Appeal is dismissed.
d) The orders of certiorari are set aside
e) For the avoidance of doubt the General Elections are to be held on the 8th of August, 2017
possunt quia posse videntur